A potential lawsuit against my construction project is looming! What now?

  • Erstellt am 2019-02-20 15:11:15

Caspar2020

2019-02-21 15:36:38
  • #1
As mentioned, only legal advice from a lawyer who is familiar with this can help.

I would expect the least help from the building authority now. They are excellent at sitting such things out.
 

Kekse

2019-02-21 15:58:39
  • #2
Why should the building authority act as a mediation office? They have enough to do with their actual tasks, especially in urban areas. In my experience, neighborhood relationships do not differ so much city vs. countryside, but more single-family house settlement vs. multi-family house.
 

Tommy77

2019-02-22 10:31:04
  • #3
Update: After today's appointment at the tree building authority. Maybe also interesting for anyone who finds themselves in a similar situation.

Fact: A building preliminary permit (development application) was set up last year by the former owner of the property so that he could develop the property and sell it as building land or a buildable property. The positive decision (building preliminary permit) or permission to develop the property came about 6 months later. This decision stated that against this, after legal instruction, neighbors could file an objection within 4 weeks. The neighbors were already opposed to construction in advance but would have been rejected in case of an objection. This legal instruction was forgotten to be communicated to the neighbors by the building authority, so the 4-week deadline was automatically extended to 12 months for the objection against the preliminary building permit of the previous year. The then owner subsequently had the property surveyed and developed after the positive decision. A sale of the property followed, which I acquired about 3 months after the positive building preliminary permit from the then owner via a real estate agent and my current developer (as intermediary).

After that, the usual procedure followed: signatures from the developer, notary, property acquisition tax, etc. pp.

After becoming aware of the still possible objection to the preliminary building permit (notably before my ownership), I contacted the building authority to clarify the matter, which I have just described. An objection is therefore still possible; however, currently, there is none and no reason that could cause any form of delay of the construction project or the upcoming building application.

Theoretically, after receiving the building permit, there is again a chance to revoke it (same scheme).

The building authority, however, gave me a kind of all-clear here, since in the case of real problems, everything would proceed retroactively – from the original owner, through the building authority, notary, real estate agent, and so on.

If a neighbor really intends to oppose it and it leads to any (which theoretically is not possible) delay or other cost-related processing, it will get really expensive for the person or persons involved in the event of a counterclaim for damages.

I also learned that it is supposedly an "old dilemma" between the two original neighbors, and that I am essentially carrying it on their behalf.

I will now also introduce myself personally in order to cultivate a healthy and not immediately bad neighborhood relationship, so to speak. Also to contain remaining concerns and possible further complications that could worsen the whole situation.

Regards
 

Zaba12

2019-02-22 10:42:59
  • #4
Oh... this too... a tied sale. What about the real estate transfer tax?
 

Fuchur

2019-02-22 10:50:31
  • #5
You mean a reversal of the purchase contract? I don't believe in that. However, I also do not believe in any reasons that could prevent construction within the framework of the development plan. Because even if there are still some objection periods open, who cares? What matters is whether justified objections can be raised, and I do not see those in a development plan area.
 

Caspar2020

2019-02-22 10:52:02
  • #6


*laugh*



So there actually is no development plan that the property is part of. Otherwise, your previous owner would not have had to apply for a building permit in the first place.
 

Similar topics
01.12.2014Real estate transfer tax / what is the tax applied to? Which developer MUST?30
21.03.2015Property and Real Estate Agent16
17.03.2015Land with construction obligation = + 20% market value!14
15.03.2016Developer changes plot size25
22.03.2016Temporarily lease land26
04.07.2016Purchase of property under a work contract12
16.02.2017Transfer property / not married33
15.03.2017Questions about a possible plot!37
10.05.2017Transfer of property from mother-in-law to me and my wife41
21.07.2017Buying a terraced house from a developer - contract content?71
29.11.2017House and property €284,000 financeable?57
22.01.2018Building on still foreign land - Waiting for building permit25
27.02.2019Plot of land including turnkey house - experiences?46
21.03.2019Construction description from our developer13
06.01.2020House purchase, prefabricated house from the developer with land10
30.11.2020Building Authority Problems - Purchased a Defective Plot56
02.06.2020Notary contract amendment of the right of way10
07.11.2020Notary contract land inspection: should it be done or not?24
27.09.2021Financing the construction of a house on a plot of land based on the neighborhood33
18.12.2021Sell house and property to daughter: save real estate transfer tax?16

Oben