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Retrospective Planning Permission
 
 
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JJON
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Joined: Feb 04, 2017
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PostPosted: Tue Jul 31, 2018 12:44 pm 
Post subject: Retrospective Planning Permission
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So, I'm about 4 weeks away from purchasing a house in BG. I've received an email from the agent to say that there is a problem with some of the papers, transpires that planning permission was not obtained (or possibly started but not finished) on 3 extensions on the property (so they will not show on the skitsa).

These extensions aren't small, together they are roughly the same size as the original ground floor, if not bigger. Estate agent has spoken to the architect who seems to think the permissions can be 'done', but will need to start from scratch as the planning permission has expired (extensions were done several years ago). Agent has said the seller will have to reduce the cost of the house to cover fees etc.

Has anyone been through the process of Retrospective Planning Permission? Is it even possible? Agents are assuring me that there won't be a problem but I'm thinking walk away.
  
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Seedy
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Joined: Feb 21, 2012
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Location: Sofia, Dupnitsa, Lincs

PostPosted: Tue Jul 31, 2018 1:36 pm 
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You can never tell what might crawl out of the woodwork with something like that: it might be fine but then again you might well be sorry you touched it.

For starters, the vendor will have been well aware of the situation but chose not to mention it to the unsuspecting buyer; what else has he conveniently "forgotten" about? The only acceptable "solution", in my view, is to get the seller to regularise everything before you even think about signing and paying. You have no idea what problems might crop up and if you've signed with some sort of financial adjustment to supposedly cover any/all eventualities you'll have no come-back later on.

Unless you're crazily in love with the place - or perhaps, especially if you ARE (because then you're fighting against yourself as well as well as Mr Forgetful) - you already know that you should walk away. There are plenty more fish in the sea....
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JJON
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PostPosted: Tue Jul 31, 2018 4:01 pm 
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Seedy wrote:


Unless you're crazily in love with the place - or perhaps, especially if you ARE (because then you're fighting against yourself as well as well as Mr Forgetful) - you already know that you should walk away. There are plenty more fish in the sea....


That's a very good way of looking at it Seedy, and something that hadn't occurred to me. Yes, the house is perfect, but made perfect by the extensions which double the living space downstairs.
The architect can 'guarantee' that retrospective pp can be obtained, whether this is a nod to greasing someone's palm or just a flippant use of the word I do not know, but from my point of view it cannot actually be 'guaranteed'.
  
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ChrisF
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Location: VELIKO TARNOVO

PostPosted: Tue Jul 31, 2018 6:29 pm 
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As you say, nothing can be guaranteed, but there should not be a problem - all towns and villages are now required to update their cadasteral plan so it's probably is only a case of a rubber stamp on a document after a quick inspection.
If this is the house that you had set your heart on I wouldn't let it put me off - a couple of examples:
1) I know of an apartment building, built about forty years ago, where a whole floor was missing from the town cadastral plan - when this had to be updated by law it was easily corrected.
2) the municipality technician objected to the plans for a plot of land in a village, she said the size and shape of the plot were wrong. They weren't, it turned out that the village plan hadn't been updated since 1926 and during that time the owner and neighbours had bought, sold and swopped various bits of land and these transactions hadn't been recorded.
This is/was Bulgaria.
But yes, get your sellers to do the legwork - it will undoubtedly be quicker and cheaper for them.
  
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JJON
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PostPosted: Tue Jul 31, 2018 9:22 pm 
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I've been told it will cost approx 2,500 Euros, and take 6 - 9 months. Confused  
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Seedy
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Location: Sofia, Dupnitsa, Lincs

PostPosted: Wed Aug 01, 2018 4:14 am 
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There's no real way to tell just which building regulations were ignored - or "forgotten about" Wink - when the work was done but you can be sure that people who have a cavalier attitude to such things are more interested in saving money than safety, especially other people's. A retrospective permit, kosher or not, won't change that fact. Chances are good that the underlying structure was built cheaply and shoddily, as the added cost of the permission is a very small percentage of a proper construction job and anyway who's to know once it's been plastered over?

Never forget that this is a seismically-active region and we don't know when the next big earthquake is coming, only that come it will sooner or later. There's no room for complacency when people's lives are at stake, not to mention that you'd be offering your insurance company a potential get out of jail free card in the event of a major claim unless you declared all the circumstances to them up front.

There's ALWAYS a better property to be found, it just takes a bit more time and leg-work....and the ability to see what's really in front of your eyes rather than what you want to see! Wink However, if you're really set on buying the property I'd want the price reduction to reflect the gamble I'm taking, in addition to the estimated cost of the permit. And I'd most definitely walk away if I suspected even for a moment that the permit would be the result of a bung: firstly, I refuse to entertain corruption in any form because it undermines everyone's safety and security in all aspects of life; secondly, I'd know for sure that the person taking the bung didn’t give an aerial fornication for other's lives.

As some members here know, I've been involved for many years in the management of a major complex here in Sofia and we had a similar situation crop up just a few months ago. It turns out that the Chief Architect took a BIG bribe years ago to personally sign off both outline and final permissions for this high-eight-figure (in euros) project, even though it was totally outside his power to do so. Now that's come back to bite well over a thousand people but the guy concerned has had the foresight to kick the bucket in the meantime. The current mayor basically doesn't want to know but has offered "solutions" including demolition, compulsory purchase of the "common parts" and infrastructure, and other ridiculous proposals. In a nutshell, the position is "F* off and shut up or I'll make your lives more uncomfortable than you can make mine".

As a final thought, bear in mind the recent deaths in Greece in the brush-fires and the major property damage caused by the floods in Bulgaria a while back. All were at least partly a result of illegal construction (in Greece with retrospective permission) but ask yourself who got to carry the can at the end of the day?
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Seedy
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PostPosted: Wed Aug 01, 2018 8:20 am 
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JJON - you have a PM Smile
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