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.
So the difference between permitted and mandatory two-story construction is, in case of doubt, just a circle. This can easily be overlooked, but of course, a professional should not let that happen. Nevertheless, the fact that it wasn’t taken into account does not change the fact that it should have been, so the costs for the additional work are your responsibility. The revised planning should be at Town & Country’s expense, so make sure they don’t try to shift those costs onto you somewhere else.
Lumpi_LE schrieb:
You have probably already included the extra 40,000–50,000 euros (approximately 40,000–50,000 USD) for items that will definitely arise with Town & Country.Who benefits from your arrogance? Your ego?H
hampshire20 Feb 2020 16:39meiruliu schrieb:
This is definitely a mistake by the seller; he was aware of the initial development plan but sold me a house that does not comply with the zoning plan. What should I do? First, stop assigning blame, because
- there are valid reasons why others might have a different view of your responsibility in this matter, and
- this reaction automatically leads to confrontation, which would not be productive.
What to do?
- Contact Town & Country and explain the issue neutrally and factually.
- Then ask neutrally and factually, "What do we do about this now?"
- Be sure to let them finish speaking and take notes.
- Stay calm no matter what happens. Perhaps the solution is already included.
- Arrange a meeting with decision-makers to either finalize this solution or find an alternative. If you feel uncertain about negotiating, bring a trusted person with you.
- Do not sign any agreement during the meeting without reviewing it carefully or having it reviewed.
- For every conversation, create an objective and accurate record, which you also share with your contact person—always with a request to correct it if anything is unclear or inaccurately stated. (Corrections do not change facts.)
Since it is unclear whether there will even be a problem between you and Town & Country, it makes no sense to enter a conversation aggressively. That would be a sure recipe for a stressful construction phase from start to finish.
meiruliu schrieb:
I bought a one-and-a-half-story house from Town & Country, [...] the planning process with the developer was also completed, So, what exactly do you mean – who is the "developer" doing the planning here?
Which model is it, and what is the name of the local development plan (please do not provide a link)?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Grobmutant schrieb:
I wouldn’t immediately involve a lawyer, but first take some time to gather detailed information:
- Have you thoroughly read the development plan yourself? Does it really state that only 2 full stories are allowed?
- Who exactly is supposed to submit the building permit / planning permission application? This usually requires authorized professionals like an architect, structural engineer, etc.
- If the development plan actually mandates 2 full stories, I would talk to your local building authority to see if they would consider an exception. Generally, it’s less problematic to build smaller than allowed than larger.
- If necessary, you could submit the building permit application anyway and hope it gets approved as is.
- Otherwise, discuss with Town & Country what changes would be needed to make the house comply with 2 full stories. Perhaps a slightly higher knee wall / dwarf wall, a somewhat flatter roof, or a somewhat higher clear ceiling height on the upper floor would be enough.
Most people struggle with not being allowed to have 2 full stories and have to reduce their house to 1 full story (1.5 stories usually isn’t an option).