Legal assistance with property division and zoning plans


Questioner

We are interested in a house for sale that has some special features. We would like to know what consequences this could have if we were to buy it. This concerns a house with an inhabited dwelling. House A and house B are offered for sale separately. We are interested in house A. The houses are divided in the land registry, have their own house number and municipal charges are paid separately. However, legalisation of the house split is not possible due to conflict with the zoning plan. Based on the current zoning plan, the plot has the destination 'Residential' and only one house (possibly with an inhabitant) is permitted at this location. The municipality has: after transfer of ownership of the property and/or registration in the BRP, we retain the authority to take enforcement action. The broker indicates that the homes can be sold separately, but we wonder whether this is possible and what exactly this entails.

Lawyer

The fact that the house division is not legalized is a problem. Or it must have been accepted by prescription, I believe that is at least 25 years. Living in can take place if the landlord/owner also resides in the building/house, otherwise this is not possible. The real estate agent is not giving correct information, because the zoning plan has not been changed. As a result, house B has been created 'illegally'. My advice is to go to the municipality for clarity, so that you do not get into trouble later.

Questioner

Thank you very much Jeroen, we already suspected this.

Lawyer

You're welcome, no thanks. Good luck with it. If you need legal assistance, you can contact me free of charge.

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