Köpte hus som saknar bygglov

[Jonatan79]

Thr question was: "Finns erforderliga bygglov" they answerd "yes"
No they did not own the house when the eztention was made. But, I can prove it that they knew aboit the lack of building permits

Ok, if you have proof about this you have to be able to proof that the property is worth less now when it´s bigger than maximum of the detaljplan allows and why. It think it´s a tough one.

 

[Anonym9]

This could be good, or bad.

If the detaljplan states that you can build as an example, 100m2 house, and no garage, but your house is in the 180m2 range and a 50m2 garage built off record. You essentially have a much bigger space then you could ever achieve "legally", which in theory could make it more attractable and worth more.

Why do you want and need to change the use of the garage to commercial? You can still run a business out of it even if it's just a garage.

Now, this is not anymore about the business or the garage, I mentioned about this as this is how we found out it's avout the fact that the value of the house is significantly lower due to the fact that there are not all necessary building permits.

And by law (according to kommun) ypu need a building permit for a change of use, like from garage purpose (residential use) for a buissine use as it has to meet some requirements, but as I said, it's no longer the case

 

[Jonatan79]

So How much can you prove the value has reduced without building permit ?

 

[Anonym9]

With specialists and brokers who will sign and do special valuation to determine the price of the house with the fact that there are no nesseseey building permits

 

[Jonatan79]

Yes, but it need to be a significant amount to be able to make a demand. How much was the amount you bought the property for?

 

[Anonym9]

.

 

[Claes Sörmland]

Probably, 11 kap. 64 § PBL applies.

The court case RH 2014:33 is one of the few examples that gives insight into how this regulation should be applied. Read it here:

https://lagen.nu/dom/rh/2014:33

What is nice with the case is that Hovrätten gives pretty clear instructions how to assess the applicability of 11 kap. 64 § PBL.

 

[MsTake]

According to this you might have a case but since they actually had to tear down the part that had been built without a permit they had an easier time proving they had suffer financial loss.

Seem like it boils down to what Jonatan is asking. If you bought the house 2,5 years ago for 2,995,000kr, what would the market value at that time be with the knowledge if missing permits and is the difference significant enough?

 

[Anonym9]

According to this you might have a case but since they actually had to tear down the part that had been built without a permit they had an easier time proving they had suffer financial loss.

Seem like it boils down to what Jonatan is asking. If you bought the house 2,5 years ago for 2,995,000kr, what would the market value at that time be with the knowledge if missing permits and is the difference significant enough?

No one teard down anything, kommun never came back to control it if they did it, so they continued building.

According to this you might have a case but since they actually had to tear down the part that had been built without a permit they had an easier time proving they had suffer financial loss.

Seem like it boils down to what Jonatan is asking. If you bought the house 2,5 years ago for 2,995,000kr, what would the market value at that time be with the knowledge if missing permits and is the difference significant enough?

 

[Anonym9]

According to this you might have a case but since they actually had to tear down the part that had been built without a permit they had an easier time proving they had suffered financially loose.

Seems like it boils down to what Jonatan is asking. If you bought the house 2.5 years ago for SEK 2,995,000, what would the market value at that time be with the knowledge if missing permits and is the difference significant enough?

The answer is lower.. according to the house valuation. Are you trying to tell me that a house with a building permits has the same value as the one with building permit?

 

[MsTake]

I was referering to the court case Claes S published above, in that case the plaintiff had to tear down part of the building that was built without a permit and hence it was more obvious what kind of financial loss they had.

In your case you can don´t have to tear down anything and the house is as intended but with some limitation to future use because of the lack of permits.

I fully agree with you that the property is probably be worth less then if it had all permits in place but these limitation of future use and putting a value of them is harder to evaluate and that is also why its riskier taking to court.

That is why we are asking what the broker valuation from the period valued the property at (with the knowledge of missing permits) and if this is signification less then you bought it for?

If the values comes in at only 100k lower then you bought it for it might not be significant enough and the whole upside of trying the case in court might not be worthwhile whereas the case might be different if the values in half a million lower.

 

[Anonym9]

I was referring to the court case Claes S published above, in that case the plaintiff had to tear down part of the building that was built without a permit and hence it was more obvious what kind of financial loss they had.

In your case you can't have to tear down anything and the house is as intended but with some limitation to future use because of the lack of permits.

I fully agree with you that the property is probably worth less then if it had all permits in place but these limitations of future use and putting a value of them is harder to evaluate and that is also why its riskier taking to court.

That is why we are asking what the broker valuation from the period valued the property at (with the knowledge of missing permits) and if this is significance less then you bought it for?

If the values comes in at only 100k lower then you bought it for it might not be significant enough and the whole upside of trying the case in court might not be worthwhile whereas the case might be different if the values in half a million lower.[ /QUOTE]
If you don't mind, I will not share any details just now due to ongoing case. I'm happy to share all details after the case is finished.
I can tell you that the valuations shows significant difference with more than kr100,000.

 

[MsTake]

All at your discretion..

 

[Skumpe]

Om du hade läst tråden så hade du fått svar på frågan

Jag har ingen fråga.