D Dilato skrev:
No its not!
The courts have also concluded that the "investigation duty" (undersökningsplikt) does not include building permits, a buyer can reasonably presuppose that a property has all needed permits.
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I did not mean building permits, I meant to search in the "detaljplan" for biggest building areas. If you buy a house with for ex. 300 m2 area, and the "detaljplan" says maximum 200 m2, you will know someting's wrong :(
 
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But How old is the house?

If it is very old (and the extension also), then it is possible that no permit was needed whern it was built. In that case the sellers info is "kind of" correct.

Also, for old houses, even if there was a permit when it was built, it may have been lost by the commun.

My parents built a summer house 1961. They basically did not follow any part of the permit. The house was too big, too high, and not placed correctly. In 1981 they wanted to make a small extension, and were nervous about the status compared to the old permit.

However the commun said that all permits had been lost or mislaid when communs were consolidated in the late 60 s. The small communities were combinded with towns and cities. And asked if maybe my parents had copies of the plans...
 
It's not that old and the building permits were needed at that time, as kommun rejected the application for building permits. The "funny" is that kommun instructed the owners that were doing extention of the house and buildings at that time, to demolish all the additional buildings they did and the extention. Kommun supposed to come few months after to check if the owner stopped the work and demolish the one they already built, and....... the check was never done by kommun so the owned that build it just continued with the work
 
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Skumpe
A Roszka skrev:
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.
This has been discussed many times on the forum and if memory serves me right it's on the buyer to check permits with the municipality BUT if the seller lies and stays all permits are in order then the responsibility shifts to the seller. But you have to be able to prove that they lied. And make sure the sellers are the same people that actually had those illegal parts of the house built in other case they will just say the sellers in their case assured them they had aöl the permits in order. And then you might not have a case.
 
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Skumpe Skumpe skrev:
This has been discussed many times on the forum and if memory serves me right it's on the buyer to check permits with the municipality BUT if the seller lies and stays all permits are in order then the responsibility shifts to the seller. But you have to be able to prove that they lied. And make sure the sellers are the same people that actually had those illegal parts of the house built in other case they will just say the sellers in their case assured them they had aöl the permits in order. And then you might not have a case.
Om du hade läst tråden så hade du fått svar på frågan
 
A trip to the court is a chance you take.
If you only se money and like to make it simple. It can quit in three different way.
There one is you "win" and you get the money and not the lawyers fee.
The other one is you "loose" and you take all the lawyers fee.
The last one is the court think you loose one and you win one. In that case you got the money and your own lawyers fee. In this case both the lawyers laugh.

So funny is the court.... And so hard os the reality.

Is the house bigger then "detaljplan"
 
Bananskalare Bananskalare skrev:
A trip to the court is a chance you take.
If you only se money and like to make it simple. It can quit in three different way.
There one is you "win" and you get the money and not the lawyers fee.
The other one is you "loose" and you take all the lawyers fee.
The last one is the court think you loose one and you win one. In that case you got the money and your own lawyers fee. In this case both the lawyers laugh.

So funny is the court.... And so hard os the reality.

Is the house bigger then "detaljplan"
Yes, it is significantly bigger that as per detaljplan.
A Roszka skrev:
It's not that old and the building permits were needed at that time. The "funny" is that kommun instructed the owners that were doing extention of the house at that time to demolish everything all the additional buildings they did and the extention. Kommun supposed to come few months after to check if the owner stopped the work and demolish the one they already built, and....... the check was never done by kommun so the owned that build it just continued with the work
 
A Roszka skrev:
Yes, it is significantly bigger that as per detaljplan.
That could be a problem in court.
You never know.
 
Why would this be a problem in court? What does this have to do with the fact that I paid a full price for the house with building permits and got a house without building permits?
 
Redigerat:
It could be to your detriment that the house is bigger than the "detaljplan" allows, the court can rule against you. You should have been aware of this fact before you bought the house.
 
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Well, it's not a very common practice in Sweden to do it and also not required by the law. Now, I know...
We have asked pur broker if there is anything we should do as it was our first house in Sweden and they never mentioned any detaljplan or checking building permits. I wouldn't be surprised if she knew or at least suspected..
 
Redigerat:
Well, most of the detaljplans are online and availible at the websites. If you asked the broker he/she would have helped or known...It´s a very common thing to know or find out when you buy a house.
 
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Jonatan79 Jonatan79 skrev:
Well, most of the detaljplans are online and availible at the websites. If you asked the broker he/she would have helped or known...It´s a very common thing to know or find out when you buy a house.
Sluta ljug nu, i Sverige har vi god tro på våra medmänniskor. Att majoriteten tittar på detaljplanen för att allting ska stämma är fel då hade ju alla överlåtelsebesiktningar gjort detta kan man tycka? ‍♂️
 
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Not that common if my broker has never mentioned that, as we are quite new to Sweden, we specifically ask her if there is anything we should look into, she never mentioned any detajlplan.
By the law, buyers don't have the responsibility to check that if the seller confirms that all documents are correct. So, the Swedish law means nothing in this case? I am just trying to understand how this works...
How a seller by the law has responsibility to provide all correct information, but then... when they don't, they don't take any responsibilities according to some other law. I am so confused
 
A Roszka skrev:
By the law, buyers don't have the responsibility to check that if the seller confirms that all documents are correct. So, the Swedish law means nothing in this case? I am just trying to understand how this works...
How a seller by the law has responsibility to provide all correct information, but then... when they don't, they don't take any responsibilities according to some other law. I am so confused
A Roszka skrev:
By the law, buyers don't have the responsibility to check that if the seller confirms that all documents are correct. So, the Swedish law means nothing in this case? I am just trying to understand how this works...
How a seller by the law has responsibility to provide all correct information, but then... when they don't, they don't take any responsibilities according to some other law. I am so confused
You are not alone in that, Swedish law especially around building permits and limitations are sometimes contradicting and very hard to actually understand the purpose with.

I've tried to read all your comments, I think as others suggested take it with the lawyer. The chance of getting a definitive answer on this fora is very slim.
 
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