Legal assistance with residential zoning plans

Questioner

Dear MH./MW. House bought according to valuation report in 2007, concerns semi-detached house outside, of which the purchased part, was not yet completely habitable. Now 2012, it has to be sold due to circumstances and it appears that after valuation by another broker, there is no own residential destination, but that it is built in to the other house. No mention of this was made during the valuation in 2007. This broker claims that he relied on the owner's verbal statement, who said that it had a full residential designation

Lawyer

The problem with the zoning plan means in fact that the house cannot be used normally as a 'home'. The way in which the habitation is now taking place is in conflict with the zoning plan and the question is whether the municipality wants to legalize the existing situation. In any case, it is important to hold the seller and his broker liable as soon as possible, and also to investigate whether the municipality is prepared to designate the home as a separate home in the zoning plan. If so, the costs of a procedure that is necessary to designate the home positively may be charged to the seller. If the municipality does not want to cooperate in legalization, then I can imagine that - indeed, so many years after purchase - the purchase agreement with the seller will still be annulled or dissolved, because the home simply cannot be used as a 'home' (in any case, the zoning plan prevents this, if I understand you correctly).