Assistance with legal questions about roof terrace permits


Questioner

The purchased house has had a roof terrace for over 60 years. After recently replacing the fencing, the municipality was informed (by neighbors I think). Now it turns out that there is no permit available and I have to remove the fence. Am I obliged to do this or is there something like 'statute of limitations' or 'acquired right'? When purchasing, it was assumed that the roof terrace was legal because the residents frequently use it for markets.

Lawyer

Do not assume in advance that you can claim an 'acquired right' from the municipality. You can better focus your energy on possibly obtaining a permit for the roof terrace. If it is not possible to obtain a permit, then you have bought a house that does not meet the requirements that you may have set for it, because with an illegal roof terrace. I do not rule out that you will suffer damage (lower value and less living pleasure) because of this, which you may be able to recover from the seller.

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