Check with your insurance company if your home insurance covers legal counseling.A Roszka skrev:
Bästa svaret
You clearly have a case, just make sure that you target the right thing. This is not a construction fault or a "dolt fel" but a breach of contract. According to the contract you bought a building with all permit in place but that was not what you got, hence the seller did not live up to their part of the contract and you could sue them to reverse the purchase. Or do a claim on how much the price should be dropped. But the fact that you can't extend your current house is probably not something that you can use against the former owners as you would not be allowed to do that even if it did have a building permit.
Example: if your property size allowed you to build up to max 200m2 and your current footprint is 220m2 you could never extend, it is not impossible to end up in this kind of situation if a new "detaljplan" is added on an area with existing buildings. So checking the current size against current regulations and making sure your future plans fit with that is up to you and you can't put that on the seller.
In your case where you want to change the use of the building I guess that makes it tricky as there is no current use specified. But just so you know, there are regulations controlling how build permits should be handled and they are not allowed to take other considerations into view when handling a request. So unless you are also extending (if so by a single 1m2) the garage footprint they should not be allowed to take this overstep of current boundaries into consideration when evaluating the transformation of the garage to business use. The only thing they should be allowed to look at is if the building location, accessibility, parking possibilities and other such criteria that make it a valid building for the type of business you have requested , as they should in the case if the building was with in the current size limitations. It could be argued that the same thing should be applied here, that the fact that the building is completely missing a building permit should not be take into consideration when asking for a change of use but, that feels like a long shot and a way to "white wash" a building from a "svartbygge" to an accepted one so I think you would need an exceptionally good lawyer to pull that one off.
Example: if your property size allowed you to build up to max 200m2 and your current footprint is 220m2 you could never extend, it is not impossible to end up in this kind of situation if a new "detaljplan" is added on an area with existing buildings. So checking the current size against current regulations and making sure your future plans fit with that is up to you and you can't put that on the seller.
In your case where you want to change the use of the building I guess that makes it tricky as there is no current use specified. But just so you know, there are regulations controlling how build permits should be handled and they are not allowed to take other considerations into view when handling a request. So unless you are also extending (if so by a single 1m2) the garage footprint they should not be allowed to take this overstep of current boundaries into consideration when evaluating the transformation of the garage to business use. The only thing they should be allowed to look at is if the building location, accessibility, parking possibilities and other such criteria that make it a valid building for the type of business you have requested , as they should in the case if the building was with in the current size limitations. It could be argued that the same thing should be applied here, that the fact that the building is completely missing a building permit should not be take into consideration when asking for a change of use but, that feels like a long shot and a way to "white wash" a building from a "svartbygge" to an accepted one so I think you would need an exceptionally good lawyer to pull that one off.
Thank you so much for that, that is a very good point what you say, I will spreak with my lawyers to take that definitely into account. We have done 2 evaluations of the house taking into account lack if building permits to prove that the value of the house is much lower that what we paid for
Dont waste your time here with people who dont know the legal system. Contact Mäklarsamfundet, a free legal assistance regarding real estate transactions. You have the right to a price reduction or the right to withdraw the purchase if you do so within a reasonable time.
Telefon: 08-83 22 66
https://www.maklarsamfundet.se/
Then proceed with a lawyer
Telefon: 08-83 22 66
https://www.maklarsamfundet.se/
Then proceed with a lawyer
Well, if the property has exceeded the allowable area to be built, you would not get any more building permits - even if the seller had not hidden the facts.A Roszka skrev:
It's up to you to check the size of the buildings and the plan permits for property. At the date of your purchase, it was already known that you couldn't build any more area on that property.
But perhaps the sales material also lied about that actual area - i.e. a smaller area than was sold was stated in the description!?
//
J jonte0 skrev:
The property was sold and advertised as it is at the moment, even the year of the house was incorrect....on top of that on the inspection report was infomation that the house was never extended (they probably got this info from the sellers when they were doing inspection). We don't argue with them if the house can or cannot be extended, we have never planned to extend the house (yes, after a year we came with en idea of having a buisness in the garage). The fact is, that they sold us the house without building permits, and this impacts the value of the house and other factors for example like the risk of insurance of the house. Everyone mentions about extending of the house, but building permits are needed also for other things, changing doors or windows (that would change the look of the house), perhaps in 10 year I would like to have extra bathroom, instead of one room. I'm totally speculating here as that's not our plan but lack of building has impact in one or another. In my opinion, there us a reason why it is required by the law. Have they built it according to safty regulations etc? the key factor for us is that the value of the house is lower just because the sellers wanted to get more money for the house that is worth less. And, I also agree with you.J jonte0 skrev:
Just curious, Is it very difficult to sell a house in Sweden that does not have a building permit?
The problem is that you bought and got exactly what you could see except the missing permit (it´s easy to check if the areas of the house exceeds the "detaljplan"). And you can if you like, change the plan inside the house, build an extra bathroom, kitchen or whatever without a permit. The question is if the property would have a different value if the building permits was approved by the "kommun"? And, could you in that case change the use of ex. the garage? This type of laws are making unnecessary problems for us house owners, it´s pretty stupid that we only can build a certain area if the plot size are large...A Roszka skrev:
problems
I agree with you. But a simple answer is.. would YOU or anyone you know pay a full price for a house that does not have a building permit? If the answer is no, the the value of the house is lower as no one will pay a full price for the house that doesn't have a building permit for most of the buildings on the property. This is why the seller lied to us, broker and the person that was doing inspection before purchase, he simply didn't want to loose money... Are you aware that if a house with no building permit or like mine that has only a building permit for half of the house, would burn, then the insurance company can rebuild only according to detaljplan and building permits, so in this case only half of the house..
I agree that it could be a problem, but only if the house will burn to the ground :=(. Then you could have a case! But I don´t know if you have a case at the moment, you must find a legal case like yours, if it excist! And, you could easily find this info before the deal was made. I think this info is incorporated in your "undersökningsplikt".A Roszka skrev:
Agree, situation like this will never happen, but when you buy a house knowing that there are no building permits, I don't think anyone will be willing to pay a full price. I will say that, if we loose the case in court, this would mean that by the law....I could do one the seller did.... I can sell the house now, hide the fact that there are no building permits, the future buyer will find out about it one day, sue me, and I will win the case in court as according to the law there would be no difference in the value of the house and seller don't take responsibility for what they write in the contract... I really hope that Swedish law is more reasonable
I agree with you, I would not pay as much with out appropriate permits.A Roszka skrev:
I bought a house 10 years ago. After the contract was signed, and as prep for the inspection, I contacted the komun and pulled out all drawings and permits (were quite many changes done to the house). By chance I discovered that the carport was not build as in the plans/permit. Wrong place, and wrong shape. It should have been attached to the main house, but was built 2m aside. As we had intended to possibly make it to a covered garage, that would not be possible. This was more than 10 years old, so no problem other than I was blocked from any further changes.
As this was prior to us paying the contracted amount, and having included in the contract that any major findings from the inspection allowed us to cancel the deal, we played hard and put in an ultimatum. Reduce the price with 200.000 or we leave the deal. They agreed.
To this story follows that the seller was an old lady, who had bought the house as-is. She had no idea about this "svartbygge". Bad for her, she had to take the hit for what a previous owner had done.
I whish you all the best, and cross fingers you solve it some how.
I'm glad that it went all well for you, my seller knew about this, we got an inspection report that the house we have now, has never been extended (which means that according to the report, it was build in the first place as it is now) the year of the house was also wrong. Well, not much we can do now, just wait and see what the court will say.
The law can not cover all possible scenarios out thereA Roszka skrev:
You need a legal opinion to start with, remember that a lot of lawyers are a bit to positive and do not care if they win or not, they get paid anyway!No its not!Jonatan79 skrev:
The courts have also concluded that the "investigation duty" (undersökningsplikt) does not include building permits, a buyer can reasonably presuppose that a property has all needed permits.
https://www.alltomjuridik.se/nyhete...-undersokningsplikt-av-vad-som-ar-svartbygge/