Applying for a permit for an illegal extension + roof terrace of an inherited house?

Questioner

In 2021, my sister and I inherited our parents' house. We want to sell it soon. It now appears that the extension and the roof terrace were made by our parents themselves at the time (~35 years ago), without applying for a permit at the time. As a result, we are now facing two problems: 1. It seems that we cannot apply for a permit from the municipality afterwards, but we cannot sell the house with an illegal extension + terrace either. 2. The official surface area is incorrect in the land registry / at the municipality, but we also cannot request an official valuation report (we think) with the correct surface area, because the extension is illegal. How can we best proceed with this so that we can arrange the sale properly? (without having to demolish the illegal parts!)

Lawyer

This is certainly a complex situation, but not necessarily a hopeless one. Let's look at both problems one by one. 1. Apply for a permit: In general, municipalities can issue a permit, even for existing buildings. This is called a legalizing environmental permit. That is why it might be worth asking your municipality about this. Whether this is possible depends on the zoning plan, the building regulations and the aesthetics note of the municipality. If the municipality issues the legalizing permit, the building becomes legal. 2. The Official Area: As regards the official surface area, applying for such a legalising environmental permit would in any case be necessary in order to be able to correct the official surface area in the land registry. By the way, the fact that a building was built without a permit does not necessarily make it worthless. Again, much depends on the specific circumstances on site. Did the municipality take note of the illegal construction and tolerate it? Are other similar constructions allowed in the area? All of these factors can be taken into account. However, it is true that if you are currently aware of an illegal situation, you report this to the buyer. If you do not do this, the buyer can later address you and state that you have provided incorrect information. In your situation it is advisable to consult a specialized lawyer or legal expert in housing and heritage law. They can advise you based on your specific circumstances and can possibly help you apply for the necessary permits -------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.