What you need to know if you are planning to build your relatives’ house?

civil lawyer Richard Allemant He argued that it is always advisable to carry out construction with the permission of the owner, in this case the father-in-law or mother-in-law, who can allow a daughter or son to build in their house.

He pointed out that this is an important recommendation because if the relationship breaks down or a divorce or separation occurs between the couple, such permission exists.

“In this case, the general rule would need to apply, as with any divorce, whereby assets are divided at 50 percent each, but if there is prior permission or ownership in favor of the son or daughter, there will be no problems.” he said. professional in sequence Family and Justice.

Advocate Allemantstated that it is always important to have a building permit and, above all, a document confirming the building permit for a property.

In this sense, he reiterated that it is desirable before the conclusion of an agreement between the owner of the property, if it was, for example, a donation or sale, and not build on a simple acquaintance and trust that exist, since it is always important to anticipate any that should be protected.

“It is desirable to agree and sign a document that says what is being built. It may be a private document, which is not the most appropriate, but for greater security it is desirable to make it a public act, a sufficient document to maintain the validity of the agreement, ”he explained.

He also stated that it is necessary to distinguish between two assumptions on the issue of building in the mother-in-law’s house. One of them is that it was built by mistake, without any malice or bad faith, but rather that it was done in the belief that it was being done on its own land.

He added that in this case the owner of the land has two options to do the construction on his own, by paying the cost of the building, which is a statutory formula between the construction cost and the commercial value, or by contacting the developer. pay the cost from land to market value.

However, the lawyer Richard Allemant He said that when there is apparent bad faith, it should be taken to a lawsuit and the judge will determine what the builder’s conduct was. “In this case, the developer is deprived of any benefit and is not entitled to compensation if it is proved that it was built in bad faith, and the owner of the land has the right to own the built one,” he added. in space. Family and Justice.