ᐅ Purchased house does not comply with zoning plan / development plan
Created on: 20 Feb 2020 15:00
M
meiruliu
Hello everyone,
I bought a 1.5-story house from Town & Country, the contract is already signed, and the financing through the bank is also finalized. The planning with the developer was completed as well. I originally wanted to submit the building permit / planning permission application this week, but the developer just informed me that my plot actually requires a mandatory 2-story building. However, what we planned is a 1.5-story house. What is this about? The planning and financing are basically finished. What should I do? This is definitely a mistake by the seller. He knew the zoning plan from the beginning but sold me a house that does not meet the development plan requirements. What should I do? What consequences will I face? Does anyone have experience or advice? Many thanks.
I bought a 1.5-story house from Town & Country, the contract is already signed, and the financing through the bank is also finalized. The planning with the developer was completed as well. I originally wanted to submit the building permit / planning permission application this week, but the developer just informed me that my plot actually requires a mandatory 2-story building. However, what we planned is a 1.5-story house. What is this about? The planning and financing are basically finished. What should I do? This is definitely a mistake by the seller. He knew the zoning plan from the beginning but sold me a house that does not meet the development plan requirements. What should I do? What consequences will I face? Does anyone have experience or advice? Many thanks.
G
Grobmutant20 Feb 2020 15:32I wouldn’t rush to involve a lawyer right away; first, take the time to gather detailed information:
- Have you thoroughly read the development plan yourself? Does it really specify that only 2 full stories are allowed?
- Who exactly is supposed to submit the building permit / planning application? You need to have the authority to submit, such as an architect, structural engineer, etc.
- If the development plan does indeed specify 2 full stories, I would talk to your local building authority to see if an exception might be possible. Usually, it’s less problematic to build smaller than what is allowed than to build larger.
- You could also consider submitting the building permit application as is and hope it gets approved.
- Otherwise, discuss with Town & Country what changes would be needed for the house to have 2 full stories. Maybe a slightly higher knee wall (also called a dwarf wall), a somewhat flatter roof, or a slightly higher clear ceiling height on the upper floor would be sufficient.
Most people actually face the opposite issue: 2 full stories are not allowed, and they have to reduce the house to 1 full story (1.5 stories is generally not recognized).
- Have you thoroughly read the development plan yourself? Does it really specify that only 2 full stories are allowed?
- Who exactly is supposed to submit the building permit / planning application? You need to have the authority to submit, such as an architect, structural engineer, etc.
- If the development plan does indeed specify 2 full stories, I would talk to your local building authority to see if an exception might be possible. Usually, it’s less problematic to build smaller than what is allowed than to build larger.
- You could also consider submitting the building permit application as is and hope it gets approved.
- Otherwise, discuss with Town & Country what changes would be needed for the house to have 2 full stories. Maybe a slightly higher knee wall (also called a dwarf wall), a somewhat flatter roof, or a slightly higher clear ceiling height on the upper floor would be sufficient.
Most people actually face the opposite issue: 2 full stories are not allowed, and they have to reduce the house to 1 full story (1.5 stories is generally not recognized).
halmi schrieb:
The type and number of floors is stated in every development plan; how can someone not notice something like that? I understand that: it says 2 floors, and you might think that 1 full floor plus an attic floor would meet the definition.
meiruliu schrieb:
What should I do? What should I expect? Talk to Town & Country!
Some advice has already been given regarding technical solutions and alternative approval options.
Talk to Town & Country. They might be quite accommodating if Flair 125 is exchanged for the townhouse Flair 124.
So far, nothing has happened with Town & Country.
And please make sure to check exactly what is stated in the development plan (building permit / planning permission). The builder still needs to inform themselves.
So far, nothing has happened with Town & Country.
And please make sure to check exactly what is stated in the development plan (building permit / planning permission). The builder still needs to inform themselves.