A dormer window is a valuable addition to your home. At least, as long as the proper permit is in place. It's not uncommon for a dormer window to be installed without the necessary permit. What can you do as the buyer of this house, and are you liable for it? And what is the dormer's technical condition?
Building a dormer window on a house requires a permit. Article 2.1, paragraph 1, subparagraph 'a' of the General Provisions for Environmental Law Act, abbreviated to Wabo, states that you may not build without a valid environmental permit. If the dormer window is illegal, the municipality has the right to demand its demolition.
It's a bit of a shock: the dormer window in your new home turns out to have been installed without a permit. You might have a lot of questions. For example, who is liable, the seller or the buyer? The buyer is not liable for any potential costs associated with demolition. They assume the house was built in accordance with a number of building regulations.
If this isn't the case, the municipality can require the dormer to be demolished. This could result in a smaller living space and a decrease in the property's value. You can recover any damages from the seller, as they are "in principle" liable. Exceptions exist if specific agreements in the purchase agreement deviate from this rule.
Perhaps you'd like to keep the dormer window. In that case, you should apply for a permit as soon as possible. This can "legalize" the structure. However, don't assume this will work. Most municipalities have strict enforcement policies requiring structures to meet certain requirements.
It's rare for a judge to rule that a dormer window should be "tolerated" due to special circumstances. Legally speaking, there's no statute of limitations. This means an illegal structure can't suddenly become legal after decades.
To prevent problems with a new home, it's best to request a building inspection . Also, inquire about the permit for the dormer window so you know what to expect. Would you like a thorough and professional inspection of your home?
Request an inspection from Homekeur, and you'll know exactly what your home's condition is afterward. Feel free to contact us without obligation to discuss the options.
The cost of a building inspection (up to 250 m²) is only €489 including VAT. We'll conduct a comprehensive building inspection and you'll receive a building report. Do you have any questions? We're happy to help and can schedule an appointment with an expert inspector right away if you wish!
