Köpte hus som saknar bygglov

[Dilato]

Not purely the lack of permit.
See [länk] where HD rejected a claim like that where the resoning was like this:

"Av det anförda följer att en tillämpning av 4 kap 18 § JB förutsätter att ett myndighetsbeslut föreligger vid köpet eller i nära anslutning till detta. Enbart det förhållandet att det brister i bygglovet innebär inte att rådighetsfel föreligger."

Du har rätt i det.
Men, det här gäller väl oavsett?
19 § Om fastigheten inte stämmer överens med vad som följer av avtalet eller om den annars avviker från vad köparen med fog kunnat förutsätta vid köpet, tillämpas vad som sägs i 12 § om köparens rätt att göra avdrag på köpeskillingen eller häva köpet. Köparen har dessutom rätt till ersättning för skada, om felet eller förlusten beror på försummelse på säljarens sida eller om fastigheten vid köpet avvek från vad säljaren får anses ha utfäst.

 

[Anonym9]

Not purely the lack of permit.
See [länk] where HD rejected a claim like that where the reasoning was like this:

"It follows from the above that an application of ch. 4 § 18 JB requires that an authority decision exists at the time of the purchase or in close connection with this. The mere fact that there is a deficiency in the building permit does not mean that there is a lack of availability."

Does it mean that the sellers can get away with that?
If that would happen then the law means that, hypothetically, I can now sell the house, lie on the contract, future buyers will find out (as it is 10 year to claim such a defect) they could sue me and I would win as lack of building permits does not mean lack of availability. Of course, I would never do it as the stress that caused me, knowing that buying a house is for some a life investment, I can't imagine that someone can do it just to sell the house for full price. Lessen learnt for me for sure.

 

[Dowser4711]

Does it mean that the sellers can get away with that?

Not in your case, since they actually have claimed that it have all the permits in place in the contract.

If you also would have a denied additional permit from the municipality you would have had multiple arguments for your case.

One thing that might be an issue for you however is that you have waited quite a long time.
Have you contacted the seller earlier regarding this and claimed it as a hidden defect?
That is something that you are supposed to to hastily/skyndsamt to use it.

Du har rätt i det.
Men, det här gäller väl oavsett?

Ja, i och med att säljaren har utfäst något annat i detta fall så gäller det.

I annat fall verkar tolkningen från HD innebära att så länge det inte finns något myndighetsbeslut som påverkats av bristen på bygglov så har man ännu inte drabbats av någon skada.
Jag måste säga att jag inte riktigt håller med dem, men jag skulle inte vilja ta striden att försöka ändra ett prejudikat i HD...

 

[Dowser4711]

Contact a lawyer tomorrow.
You absolutely have a case, but it won't benefit of being delayed and it isn't something that you are likely to handle on your own.

See what your home insurance offers in "Rättsskydd", that is usually one or more hours with a lawyer to get you started.

The good thing is that "It's only money". Ie, you have your house, it's safe as it is now and you will be able to live there and the value stays the same for your mortgage until you sell it (at a lower price most likely) so don't let this weigh you down too much.
Let the process take its time and celebrate your victory when it comes.

 

[Anonym9]

We informed the seller the same day we got a confirmation from kommun that there are no building permits and that was a year ago. For a year now we have been trying to cooperate with the seller, gather evidence and make a deal but they refuse, claiming thay there is no impact on the house, so now it's time for the court ‍.

 

[Jerald Stuartson]

No building permits at all or some missing?

Is the building located in a city or alone on the countryside?

Does the "kommun" say there should be permits=there is a mistake made?

 

[Anonym9]

Contact a lawyer tomorrow.
You absolutely have a case, but it won't benefit of being delayed and it isn't something that you are likely to handle on your own.

See what your home insurance offers in "Rättsskydd", that is usually one or more hours with a lawyer to get you started.

The good thing is that "It's only money". Ie, you have your house, it's safe as it is now and you will be able to live there and the value stays the same for your mortgage until you sell it (at a lower price most likely) so don't let this weigh you down too much.
Let the process take its time and celebrate your victory when it comes.

Thank you!

 

[Dowser4711]

We informed the seller the same day we got a confirmation from kommun that there are no building permits and that was a year ago. For a year now we have been trying to cooperate with the seller, gather evidence and make a deal but they refuse, claiming thay there is no impact on the house, so now it's time for the court ‍‍♀️

Excellent!

Then you definitely don't have anything to worry about.
Find a good lawyer (not a rush since you have informed the seller already) and let them handle it for you.

 

[Dilato]

I annat fall verkar tolkningen från HD innebära att så länge det inte finns något myndighetsbeslut som påverkats av bristen på bygglov så har man ännu inte drabbats av någon skada.

I wonder what the final verdict was on the rest of the case, as the supreme court sent it back to "hovrätten"?

 

[Anonym9]

No building permits at all or some missing?

Is the building located in a city or alone in the countryside?

Does the "municipality" say there should be permits=there is a mistake made?

Nearly half of the house does not have a building permit and the whole garage.
It is located in a village and there is detaljplan for our area, so the buildings on our property are against to what is allowed here. We will not be able to receive new building permits unless we modify the to reasonable sizes as per detaljplan.

 

[Jerald Stuartson]

Nearly half of the house does not have a building permit and the whole garage.
It is located in a village and there is detaljplan for our area, so the buildings on our property are against to what is allowed here. We will not be able to receive new building permits unless we modify the to reasonable sizes as per detaljplan.

Ok, sounds like a klassiskt svartbygge!

The seller is responsible to ensure that building permits are correct as mentioned before. Good luck.

 

[pacman42]

No permits at all or just 10m² not allowed does not matter as long as the "detailplan" is not followed. Then new building permits will not be given, but...
...you can still build according to the Attefall rules. This allows an additional building of up to 30m² and also up to 15m² of additions to the house and some more. You are not completely blocked from building.

And as long as your building is following the "detailplan", then you can seek and get additional building permits anyway.

The lack of building permits is one thing, changes to the building from where you are know is another thing. Normalky not connected.

 

[Anonym9]

No permits at all or just 10m² not allowed does not matter as long as the "detail plan" is not followed. Then new building permits will not be given, but...
...you can still build according to the Attefall rules. This allows an additional building of up to 30m² and also up to 15m² of additions to the house and some more. You are not completely blocked from the building.

And as long as your building is following the "detail plan", then you can seek and get additional building permits anyway.

The lack of building permits is one thing, changes to the building from where you are known is another thing. Normalky not connected.

Yes, I agree, we have already 2 additional buildings (they were already the when we bought it) and the change we wanted to make is to change the garage for a business use, and a building permit for that is needed. As the garage does not have a building permit, we will not get a building permit for a change of use. The issue is also with the insurance company. The general rule is that if something would happen to the house (what is not likely, but still a risk) then they can rebuild only according to the current detaljplan and current building permit, where in this case it is only half of our house.

 

[Bananskalare]

There is one thing to have right. A nother thing to get right. I can now promise who are going to get right....
It`s the lawers

 

[Anonym9]

There is one thing to have right. A nother thing to get right. I can now promise who are going to get right....
It`s the lawers

So true! I hope only that there will be my lawyer who will get right.