Take Your Time: Is My Dream Home Illegally Built? How to Recognize It Before You Buy
Is the color of my house black?
Grab a cup of coffee and take a breather - navigating the world of illegal construction in a property can be daunting. But fear not! This guide has got you covered.
Dreaming of your perfect home, only to find out afterward that it's teeming with illegal additions or alterations? Yikes! Let's make sure that doesn't happen. Here's what you need to know.
What exactly is an illegal construction?
Inka-Marie Storm from the Homeowners' Association Haus & Grund explains it like this: "An illegal construction exists when a building or part of a building has been erected without the necessary building permit, or if it significantly deviates from the one issued." The specifics vary depending on the building codes of different states and municipalities. No standard regulations apply nationwide.
Without that permit, or if the building deviates from the approved plans, a legal offense occurs, according to lawyer Manuela Reibold-Rolinger. In some cases, it may even have criminal consequences.
Small building projects often slip under the radar without permission, Storm notes, such as garden houses, sheds, carports, and certain fences, to name a few.
What forms do illegal constructions take?
Reibold-Rolinger adds, "Typically, illegal constructions are additions or alterations made without proper authorization, such as additional rooms, attic conversions, winter gardens, or living spaces in garages, for example." In rare cases, entire homes are constructed without the appropriate permit – but it does happen.
Where and when does this happen most frequently?
Manuela Reibold-Rolinger points out that illegal constructions often occur in areas with rapid development, popular housing markets, or simply outside the scope of a valid building plan, like weekend or vacation homes. Additionally, rural or less regulated regions tend to see their fair share of illicit building projects.
It's also essential to scrutinize properties with existing buildings that have undergone conversions or require self-help work, especially where the regulations may not be fully understood.
"Back in the day, it was common practice to erect minor structural changes without obtaining formal permission," Christian Osthus from the German Real Estate Association explains. "But today, building authorities take a more careful approach."
How can I spot an illegal construction as a potential buyer?
As a soon-to-be homeowner, here are some steps you can take to identify potential illegal constructions:
- Request the Building Permit File"Potential homebuyers can demand access to the building permit file at the responsible building permit authority," explains Bernd Dusterdiek from the German Association of Towns and Municipalities. "All permits, change requests, and any rectification or legalization orders are documented there." If no additions or alterations to a building are found there, buyers should inquire.
- Pay Attention to Visible Signs During Property ViewingsInspect the property closely, looking for unusual construction methods, conversions in basement and attic areas, or incomplete building documents. A professional building inspection by an expert can also provide valuable insights.
- Legal and Real Estate AdviceConsider consulting with a real estate attorney or agent who can guide you through the process and help you understand local laws and regulations concerning building permits.
What if I only find out later that there's an illegal construction?
"If it turns out after the purchase that an illegal construction is present, one can try to obtain a retroactive permit," advises Christian Osthus. However, it's best to act proactively and avoid post-purchase surprises.
- Involve an ArchitectBefore approaching the building authority, it's advisable to engage an architect to review the case.
- Warranty Claims and Contract WithdrawalIf the seller has misled buyers, they may have the option to file warranty claims or withdraw from the purchase contract.
What are my chances of receiving a retroactive permit?
The success of a retroactive permit application depends on the individual case. "A retroactive permit has good prospects if the construction measures comply with building regulations and no public interests, such as monument protection or safety regulations, stand in the way," Reibold-Rolinger explains. However, it's essential to remember that there's no guarantee, and permits may be subject to conditions.
Problems arise when, for example, distance areas are undershot or neighboring rights are affected, or violations of fire protection regulations or buildings outside a valid building plan come into play. The final decision lies with the responsible building supervisory authority.
In the worst case, authorities could demand the demolition of the building or part of it, or issue fines or penalties. Additionally, an illegal construction can affect the insurance coverage of a building. For example, if a single-family home is insured but contains an additional living unit, the risk increases, requiring insurers to be informed.
Source: ntv.de, Katja Fischer, dpa
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Additional Tips for Discerning Legal Buildings:
- Probe for InformationIf the seller is hesitant to discuss the property's history or its relationships with local building authorities, be wary. Ask them about the building's origins and any known issues.
- Research Historical Zoning LawsUnderstand whether any changes in zoning laws have occurred since the property's construction, as illegal constructions may have been grandfathered in before the updates.
- Check with the NeighborsTalk to the neighbors – they might have insights into the property's history or any illegal additions that aren't immediately apparent.
- Consult Historical Aerial Photos or Property SurveysCompare aerial photos or property surveys from different periods to spot potential additions or alterations that weren't properly permitted.
By staying vigilant and conducting thorough research, you can significantly reduce the risk of purchasing a property with illegal constructions. Happy house hunting!
- In the process of investing in a new property, it's crucial to scrutinize the employment policy of the community where the property is located, as it may impact lifestyle factors such as finance and real-estate.
- A potential buyer should be aware that illegally constructed homes may affect their home-and-garden projects, such as building garden houses, sheds, or carports, if the community doesn't follow proper employment and building policies.
- When considering a property purchase, an investor may want to work with real-estate agents or legal professionals who are knowledgeable about community employment and building policies to help minimize the risk of investing in a property with illegally constructed additions or alterations.
