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Term · New construction

Significant deviation from the project

A change compared to the approved investment project, for which ZUT may require a special procedure. An arrangement between a buyer and a seller is not an administrative approval.

Definition

A deviation is a difference between the implemented or planned change and the approved investment project. ZUT distinguishes significant deviations with different consequences and procedures; the exact qualification depends on the nature and timing of the change.

Not every change is prohibited, but its authorization is not evidenced by verbal consent or a new advertising scheme.

Example

What does it look like in practice?

The buyer wants to move a wall and combine rooms. The developer shows an updated drawing, but it must be established whether the change affects construction, installations, purpose, common parts or indicators and in what order it is reflected.

In the event of a general floor change, other objects may be affected.

Common misconception

What is it commonly confused with?

as-built documentation cannot subsequently legitimize any change. The signature of the buyer under a new distribution is not an administrative approval, and the reflection in the cadastre does not replace the building documents.

A small visual difference can have a big legal effect, and a visible big change can be duly approved - the deeds are checked.

Practical significance

Why does it matter?

For the purchaser, the deviation may change the area, purpose, adjacency, common areas and the possibility of commissioning. If the promised apartment does not correspond to the approved and executed object, the notarial deed does not resolve the technical discrepancy.

Early inspection reduces the risk of expensive repairs or the desired change being unacceptable.

What to ask

What should you check next?

Compare the annex to the contract with the last approved design and the one executed on site. Ask for the orders, drafts and approvals for any change. Have a designer or independent architect explain whether it is material and in what order it is approved and reflected.

Record who bears the cost and responsibility if the promised change cannot be approved or put into operation.

Sources

Check the official source

This content is educational and does not replace a qualified professional's review of the documents for a specific property.

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