Use permit – Question of the month

Dear Sir/Madam,
I am in the process of purchasing a house. The house was built in 1983 and has all the necessary documentation – the building permit, the main project, the energy certificate, and the energy inspection report. We still need to obtain a use permit in order to secure financing through a loan. Upon reviewing the building permit and energy certificate, I noticed a discrepancy in the dimensions. The house has been extended upwards by approximately 3 meters (the dimensions of the house are 10 x 10 m, and this has not changed, nor has the location or direction of construction). I do not have information on when this extension took place or if the change in height has been officially recorded anywhere.

I would like to know how long the legalization process would take if the house has been extended vertically and what is required for its implementation. Therefore, how long would it take to obtain a use permit for such a building?

Kind regards,
Marija

Dear miss Marija,
As we understand, the mentioned house does not comply with the building permit in terms of height, meaning the house is taller than what is permitted by the license. Such a house cannot receive a use permit, as the use permit confirms that everything has been constructed according to the building permit (the building permit marks the beginning, and the use permit marks the completion of the construction).
n your case, given the year of construction, the house must be aligned with the permit in terms of its dimensions, location on the plot, and intended use.
Legalization of illegal construction and additions made before June 2011 is no longer possible, as the deadline for submitting requests has long passed.
The only way to legalize the mentioned extension is to apply for a building permit, which, like the construction itself, must comply with the spatial plan. This process, if applicable in your case, may take several months.
Therefore, from all the documentation provided by the seller, the most important document is missing, which is the use permit. It is also crucial that nothing has been illegally added after its issuance. The energy report and the energy certificate are completely irrelevant in terms of legality.
Our advice is not to purchase such a property, as it is clearly not legal. Alternatively, you can ask the seller to obtain the use permit, as this confirms that the construction was carried out according to the building permit.