Age alone does not make a building legally tolerated. Check construction date, permissibility and whether the certificate covers today's building.
An old house without construction papers may qualify as a tolerated building, but age alone is insufficient. The date of construction and compliance with the relevant planning rules must be established. Tax declarations and cadastral inclusion do not replace that assessment.
Section 127(1) of the 2012 amendment to the Spatial Development Act covers buildings constructed by 31 March 2001 without construction papers where permitted under the rules then applicable or the current rules. Qualifying buildings are tolerated and transferable following the required certification. Other transitional categories also exist and should not be casually combined.
The certificate is not a new building permit and does not absorb a later unlawful extension into the tolerated structure. It also does not certify structural safety or ownership.
Check area, storeys and footprint. If an originally single-storey house now has two floors, certification for the original volume does not resolve the additional floor. Future repairs and alterations need separate assessment against the permanent planning status and required construction procedures.
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This article is for general information only. It does not constitute or replace individual legal advice.