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

  • Erstellt am 2019-02-20 15:11:15

nordanney

2019-02-21 08:41:10
  • #1
One more quick question. You have a positive preliminary building permit for a plot of land that has a development plan. You only want to build as specified in the development plan.

Then you don't even need a building permit to be allowed to build. Are you actually aware of that?
 

Tommy77

2019-02-21 09:45:43
  • #2


No. As far as I know, a building permit is required, which is issued after the application in order to ultimately begin the actual construction. This application is required by the responsible building authority. The preliminary building approval and the building plan are only preliminary stages for this, at least as I understand or have understood it, to ensure you are on the right path. It is basically a safeguard for further proceedings or ultimately for the construction itself. One should better not deviate from the plan, especially with neighbors who are already notably critical.
 

Lumpi_LE

2019-02-21 09:51:50
  • #3


Only if the building authority does not say that they have to issue a building permit, which they are theoretically allowed to do.
The OP and his builder have laid an egg here together with an incompetent clerk.
The clever thing would have been to submit a building notification and then keep quiet – done.
 

ghost

2019-02-21 09:56:07
  • #4
For me, this somehow reads like "would / could / should" and "I heard". Plus the ominous "complaint". Everything is in the fog. Time to create some facts.

1.) Introduce yourself to the neighbors and knock on their door.
90% of the time, everything will be resolved here.

2.) Take the normal route and then wait.
If the neighbors have concerns, they might file a complaint.
So what? As long as you stay within the [Bebauungsplan].
 

nordanney

2019-02-21 10:04:21
  • #5
Theoretically yes. I would still simply try exemption now and, as you said, "keep quiet". It costs nothing – in case of doubt, the building application must be submitted later, which is already almost finished anyway.
 

Tommy77

2019-02-21 10:29:08
  • #6
You are certainly partly right about that. But now, for me personally, it is about skillful behavior. What I do and what I should better avoid. A conversation tomorrow with the [Bauamt] will certainly give me more insight and also possibly advise me.
 

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