From Red Flags to Retroactive Permits: A Homebuyer's Guide to Illegal Constructions
Inquire about the color of your residential property. Is it black-colored?
Share on Facebook Tweet this Whatsapp this Email this Print this Copy Link
You've found your dream property, the paperwork's in order, and you're about to sign on the dotted line. But wait! Have you ever wondered if your future home might be hiding a secret? An illegal construction could be lurking behind the gleaming façade, waiting to shatter your dreams. In some worst-case scenarios, your new home could be marked for demolition. So, how can you safeguard your property investments and avoid the nightmares that come with illegal constructions? We've got the lowdown on how to identify potential issues and protect yourself from costly headaches.
Uncovering the Unapproved: What's an Illegal Construction?
To get started, let's talk about what constitutes an illegal construction. According to Inka-Marie Storm from the Homeowners' Association Haus & Grund, an illegal construction is any building or part of a building that has been constructed without the necessary building permit or significantly deviates from the issued permit. State building codes dictate which projects require a building permit, and municipalities may also set their own rules. Be aware: there are no nationwide uniform regulations.
If a permit was required but not obtained, or if the construction deviated from the approved building plans, an administrative offense has been committed. In extreme cases, criminal charges may apply. Smaller construction projects are often undertaken without a permit, such as garden houses, carports, or certain fences.
The Most Common Types of Illegal Constructions
Manuela Reibold-Rolinger, a lawyer, reveals that illegal constructions are most commonly additions or alterations that were carried out without a permit. This includes additional rooms, attic conversions, winter gardens, or living spaces in garages. Whole houses being erected without the proper permission is relatively rare but does happen.
Where Illegal Constructions Happen Most Often
So, where do illegal constructions crop up most frequently? Manuela Reibold-Rolinger points out that this often occurs in rapidly growing communities or areas with high housing demand, while Christian Osthus from the German Real Estate Association highlights that illegal constructions are also prevalent in regions outside a valid building plan, such as weekend or vacation homes, or in rural areas with less regulation. Keep an eye out for locations where buildings are often rebuilt or where homeowners carry out self-help projects without complete knowledge of the regulations.
"In many regions, it was once common practice to erect smaller structural changes without formal permission," says Osthus. Though building authorities may have been more lenient in the past, this is no longer the case today, thanks to improved technical capabilities and stricter legal framework conditions.
Spotting the Signs Before You Buy
If you're a potential buyer, it's crucial to do your homework before investing in a property. Begin by requesting access to the building permit file from the responsible building permit authority. This document contains all permits, change requests, rectification or legalization orders, and should be thoroughly reviewed. If additions or alterations to a building are not found in the file, buyers should inquire about them.
During property viewings, pay close attention to any visible signs of unpermitted work, such as unusual construction methods, conversions of basement and attic areas, or incomplete building documents. A professional building inspection by an expert is another way to gain valuable insight. "Legally, it's advisable to agree on a warranty in the purchase contract that secures the condition of the building," says lawyer Manuela Reibold-Rolinger.
When a Secret is Revealed: Your Options
Even the most diligent homebuyer can sometimes miss the signs. So, what if you discover an illegal construction after signing? Don't panic—you've got options.
"If it turns out after the purchase that there is an illegal construction, one can try to obtain a retroactive permit," says Christian Osthus. Proactively addressing the issue is always better than risking a notification from the building department later. An architect can help you assess the situation before inquiring with the building authority.
If a seller has made false statements and deceived buyers, they may be liable for warranty claims and may be required to withdraw from the purchase contract.
The Prospects of Obtaining a Retroactive Permit
The odds of obtaining a retroactive permit depend on the particulars of each case. A retroactive permit is more likely to be granted if the building measures comply with legal requirements and there are no public interests, such as safety regulations, standing in the way. "However, there's no guarantee, and the permit may be subject to conditions," says Manuela Reibold-Rolinger. Problems may arise if the building violates setback requirements, impact neighboring rights, or fails to meet fire protection regulations.
Facing the Worst-Case Scenario
In the worst-case scenario, the authorities may issue a usage ban and order the demolition of the building or building part—at the owner's expense. A fine or penalty may also be imposed, and the owner could be held legally liable. An illegal construction can even impact the insurance coverage of a building, for example, if an unpermitted addition has increased the risk.
So, before you commit to your dream home, take the time to research, ask questions, and make sure you're buying a house that's built on solid foundations—both legal and physical.
[1] dpa: https://www.dpa.de/ aktuell/ umwelt/ article/1784660/ Wohnungsbau-Warum-Adam-dacht-Gebaude-um
[3] Zillow Blog: https://www.zillow.com/blog/ spotting-illegal-additions-117399/
[4] National Association of Realtors: https://www.realtor.com/advice/ home-improvement/ illegal-structures-buyers-beware/
- To ensure the safety and legality of your investment, consider researching community policy on illegal constructions and employment policy for building inspectors, as understanding both could help you avoid properties with unpermitted additions or alterations.
- In the process of house hunting, it's essential to be aware of the potential impact that illegal constructions might have on financing, housing-market value, and real-estate investments. Being knowledgeable about these issues can protect you from costly surprises and potential liability.
