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In the worst case, a forced fusion with the neighbor can be imposed.
It is a special apartment that is now for sale in the popular Waldemars Hage next to the center of Alexander Kiellands plass in Oslo.
The ad describes it as an “attractive 2-room penthouse with balcony” with a very attractive location halfway between Grünerløkka and St. Hanshaugen.
At first glance, it looks like any apartment in the center of Oslo, but perhaps a little cheaper than the others.
But that’s before you read something that’s written in the ad, further down in the “About the house” subsection under the heading “Miscellaneous.”
Also read: Boligtopp sounds the alarm on the housing market in Oslo
Not approved
It points out that the 29-square-meter apartment was illegally sectioned at the time, without the necessary approval from the urban authorities. That approval is not yet in effect and must be requested.
“There is uncertainty about how long the application process will take, what the final cost will be, and what the result of the application will be. As a last resort, the municipality may require that the apartment return to its original condition, which means that it is incorporated into the neighboring apartment ».
In other words, a potential buyer must pay 3.5 million crowns for an apartment that can effectively go up in smoke, where the buyer can be left with nothing and the neighbor gets a bigger apartment.
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Arouse reactions
The apartment has already been shared several places online, there are The reactions I can not wait.
“How can this be law?” writes a Twitter user.
“That a broker accepts all this is just wonderful,” writes another.
However, general manager and partner Jon Solberg at Eie Eiendomsmegling believes that everything is according to the book.
– As it is an illegal division, there is a risk with the purchase. But we write about this in the sales statement, and the value assessment is taken into account, says Nettavisen Økonomi.
Should come out with 10,000 crowns
Under the plan, the condominium board will send a request to the Planning and Construction Agency during November. According to the sales statement, the currently estimated cost for the application process is NOK 20,000 per apartment. The current owner has paid 10,000 of this for the preliminary proceedings.
According to the agency, no exemptions can be expected if the division is not in line with the Oslo municipality’s overall goal of creating various residential areas.
The online newspaper has presented the problem to the Oslo Planning and Construction Agency. Communications director Trude Isaksen says the agency will follow up on this case further, because dividing apartments in this way without submitting an application is simply not allowed.
Two ways
– There are two ways to resolve the case, either the apartments are returned or we receive a waiver request for processing. If this is not corrected with a permit or conversion, it will be relevant to follow up the case as illegal.
Isaksen emphasizes that it is the responsibility of the owners to ensure that the building they live in is legal, although it may be the previous owners or the developers who are responsible for the illegality.
– That said, we have great sympathy for residents who may have bought apartments here in good faith that everything was in order, she says.
The Urbanism and Building Agency may, in the extreme consequence of the law, demand the merger of the apartments. The agency has not specifically commented on whether they recommend it in this case, but is clearly skeptical of what has happened.
Up to 4 million
The property sold was purchased in October 2019 for NOK 3.32 million. The estimated price this time is NOK 3.5 million, which corresponds to NOK 120,000 per square meter.
– The apartment is very well located and the estimated price could probably have been up to 4 million if there had been no uncertainty, says Solberg.
– Is there a lot of interest in the apartment?
– We have definitely received inquiries. And we write as clearly as we do in the sales statement, because we have to report. Those who bought the floor last year also bought it with information that the resection was not approved. It was then sold after a bidding round that ended above the suggested price.
The apartments in the condo were ready for occupancy in 2005 and the resection was already carried out in 2006.
Also read: General summary: How high are the housing costs in your municipality?
Not uncommon
– How could the condominium dry out the apartments without permission?
– Why has happened in this case, I will not speculate. But it is not at all uncommon for sectioned homes to not be approved. The challenge has been that until recently, it was possible to legally section properties without the unit being approved.
– As long as the property had its own entrance, kitchen and bathroom / toilet, it was possible to completely section off legally. But that doesn’t necessarily mean the section is approved for housing, Solberg responds.
As of 01.01.18, this has been changed to now require sectioning an approved division.
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Easy
Solberg says it happens regularly that resected houses need to be approved, and in many cases it’s relatively simple.
– When the house is required to be rehabilitated, many times it is important reforms that are being carried out or that few unsuitable areas have been used for housing.
Solberg says he has encountered similar cases, but not as extensive in number.
And the vast majority of section owners have unknowingly entered this condo with separate mortgages. Banks will also end up in a very difficult situation if the municipality of Oslo, in its extreme consequence, demands the return of 18 apartments.
According to Solberg, the new divided apartments are not inappropriate housing. The apartment in question (see photo) is located on the sixth floor and therefore has good lighting conditions. There are original windows, a private kitchen and bathroom, and an original living room. Currently the apartment is occupied by tenants.
The Planning and Construction Act is much stricter on the requirements for subdivisions, but you can request a waiver in such cases. The division of the apartments requires exemptions from both the provisions of the Planning and Building Law and the technical regulations (TEK).
– When do you think there will be a final result in the case?
– I do not want to advance anything, but the municipality has been aware of this for quite some time. As far as I know, no one has been notified that the use of these apartments should cease, so it is unlikely that anyone will be put on the street here. And again, this would mean you have to spend on these processes.
– It is hard to imagine section owners losing large values. And how will this be solved for who can keep the apartments and who becomes the owner, through a lottery? Then it will probably end up being a political problem, Solberg predicts.
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