1. Should she give us a power of attorney to conduct all affairs (legal and technical), and if so, what should such a power of attorney be?
2. If we invest our funds in repairs, what should we indicate in the contract so that we don’t lose these funds later?
3. Where can I apply for permission to make major repairs to a private home?
4. Is it possible to destroy some structures without an expert?
5. In what archives may there be diagrams of the structure of a house for a specific
address?”
Andrey Adamson, sworn lawyer:
– If we talk regarding the legal side of the issues, then any actions that relate to reconstruction, major repairs, changes in the structure, etc., are carried out only with the permission of the owner of the property. To perform these actions, it is necessary to issue a notarized power of attorney; otherwise, the construction permit simply will not be issued.
After receiving such a power of attorney, I would recommend concluding an agreement with the owner, where all the conditions will be clearly and in detail specified, including those regarding investments in major repairs and the return of these funds. Otherwise, everything will be regulated by the norms of the Civil Law, and in the event of any disagreement, it will be difficult to prove what exactly the tenant invested and what the landlady invested.
According to Article 865 of the Civil Law, all investments can be divided into 3 categories: necessary, useful and luxury expenses. Necessary expenses are those that are necessary to maintain the property in proper condition; Usually such costs are borne by the property owner. Expenses from the second category can be reimbursed only to the extent that they increased the market value of the property. But expenses of the third category can be reimbursed only to the extent that the parties agree on in advance. Thus, the contract must stipulate any expenses that cannot be classified as necessary.
The contract can be drawn up by a lawyer, stipulating all the conditions. It is not necessary to resort to the services of a notary for such a transaction. And only following all the details have been agreed upon and the contract has been concluded, you can begin to draw up the necessary documentation, design, obtaining a construction permit, and so on.
As for other questions related to obtaining the necessary documentation and repair and construction work, they should be addressed to local government and construction specialists.
#tidy #building #Riga
2024-05-05 08:11:34
