Post by Victoria on Dec 29, 2004 11:48:59 GMT 1
Hi, I am in the process of buying an apartment in Croatia. We have signed the pre-sales contract but not the final contract, which we are due to sign next Monday.
The vendor is now saying that he cannot guarantee getting a usage permit, although has applied for one. This is because of a balcony that was not on the building permit.
Worst case is that the balcony has to be removed, we are asking that it is written into the contract that the vendor would pay for any alterations required.
We have been told that many buildings in Croatia do not have a usage permit, and it is highly unlikely that the government would insist the balcony is removed. What are the implications of not having a usage permit? Is it illegal? Could this affect buildings insurance? Will it affect whether we can sell the property or rent it?
If the usage permit is not approved on the basis of the balcony, are there any legal routes to take other than destroying the balcony? Could we appeal? What would be the likely legal cost of this?
I have also heard one can obtain temporary usage permits? How would we go about this and what would the cost be?
Our alternative route is to pull out, although this is not our preferred choice. The vendor signed the pre-sales contract saying he would obtain a usage permit, therefore he is in breach of contract. He will pay us back our initial deposit, but to obtain double as per the contract we would have to go to court, which we have been told could take a year or more. Is this true?
I would be most grateful for your advice!
Kind Regards,
Victoria
The vendor is now saying that he cannot guarantee getting a usage permit, although has applied for one. This is because of a balcony that was not on the building permit.
Worst case is that the balcony has to be removed, we are asking that it is written into the contract that the vendor would pay for any alterations required.
We have been told that many buildings in Croatia do not have a usage permit, and it is highly unlikely that the government would insist the balcony is removed. What are the implications of not having a usage permit? Is it illegal? Could this affect buildings insurance? Will it affect whether we can sell the property or rent it?
If the usage permit is not approved on the basis of the balcony, are there any legal routes to take other than destroying the balcony? Could we appeal? What would be the likely legal cost of this?
I have also heard one can obtain temporary usage permits? How would we go about this and what would the cost be?
Our alternative route is to pull out, although this is not our preferred choice. The vendor signed the pre-sales contract saying he would obtain a usage permit, therefore he is in breach of contract. He will pay us back our initial deposit, but to obtain double as per the contract we would have to go to court, which we have been told could take a year or more. Is this true?
I would be most grateful for your advice!
Kind Regards,
Victoria