Appeal against the building permit due to ongoing norm control procedure

Hello everyone,

we want to purchase and develop a plot in a residential area that is being challenged through a norm control procedure. (The plaintiff is concerned about the type of traffic discharge).

We were informed in the purchase contract (and in a separate letter) that we need a building permit to protect ourselves. Which we have already applied for.

To understand the plaintiff’s concerns, I called their lawyer, who informed me that it is possible to challenge all (a total of 42) building permits, so no one can complete construction before the procedure ends. In the worst case, the building might even have to be demolished.

What do you think? Can a building stop be achieved that "easily"?

The judicial review procedure initially has nothing to do with building permits. The procedure is directed against the development plan itself, not against the individual permits. Regardless, each individual building permit can be challenged. However, completely different standards apply here than in the judicial review procedure. Has anyone already obtained a permit in the area or has construction even begun?

Thank you for your answer.

No, so far no one has built there. I know that two parties have signed the contract for the purchase of the property.

Can someone who is not a direct neighbor also challenge my building permit for the same reason (expected traffic noise)?

Your building permit can only be specifically challenged. He would have to demonstrate, for example, that your driveway is located in such a way that he suffers excessively from the traffic noise caused by you.
Of course, that is nonsense and will not work that way.
Nevertheless, I would think carefully about buying a plot of land in an area where a normative control procedure has been initiated against the development plan.
It is conceivable that you first receive a building permit, but then, due to the successful normative control procedure, the basis of the permit, namely the development plan, is eliminated and you, for example, receive a construction stop.
The most elegant option would certainly be to wait for the procedure.

Your building permit can only be challenged specifically. He would therefore have to demonstrate that, for example, your driveway is located in such a way that he suffers excessively from the traffic noise caused by you.
That is of course nonsense and will not work like that.
Nevertheless, I would think twice before purchasing a plot of land in an area where a norm control procedure has been opened regarding the development plan.
It is conceivable that you will initially get a building permit, but then the basis of the permit, namely the development plan, will disappear due to the successful norm control procedure and you might, for example, get a construction stop.
The most elegant option would certainly be to wait for the procedure.

I hope you realize that you are contradicting yourself.

The building permit can not only be challenged specifically/directly, but it is threatened/endangered via the norm control procedure.

I also doubt that one would receive a building permit at all during an ongoing norm control procedure – ultimately, there is no legally binding development plan, ergo the basis for issuing a building permit is missing. The caseworker would potentially be liable for damages if the building permit is later overturned.

How great the risk is depends on which specific points are even being challenged and whether and which solutions exist for them. If traffic can be rearranged differently, for example by introducing a one-way street or blocking through traffic with bollards, that is no problem. However, if streets need to be redesigned, possibly widened, turning areas altered etc., that naturally affects the other properties; they then become smaller, change in location and layout and/or possibly fall victim entirely to the redesign.

In this respect, it probably only makes sense to wait for the control procedure. I would only buy there if the objections are either totally unfounded or of minor importance and solvable – which is difficult for a layperson to assess.

Best regards
Dirk Grafe

I hope you realize that you are contradicting yourself.

The building permit cannot only be challenged specifically/directly, but it is also threatened/endangered by the judicial review procedure.

That is exactly what I wrote. However, the two procedures are still independent of each other and completely different claims are made in terms of content.
In the judicial review procedure, the ENTIRE development plan is reviewed by the competent court (usually the administrative court of the state).
In the interim injunction procedure against the building permit, only very specific points are examined that must be directly triggered by the approved construction project.
In the specific case, it is therefore certainly not possible to proceed directly against the building permit because of the traffic routing.

I also doubt that you would even receive a building permit while the judicial review procedure is running - ultimately, there is no legally binding development plan, ergo the basis for issuing a building permit is missing. The clerk would be liable for damages if the building permit was later overturned.

I can dispel the doubts.
Of course you can receive a building permit. The development plan basically remains legally binding during the procedure. Only as a result of the judicial review procedure can it lose its legal force. Even then, most objections can be remedied and must be taken into account in an amended development plan accordingly.

In this respect, it probably only makes sense to wait for the review procedure. I would only buy if the objections are either totally unfounded or of minor importance and solvable - which is difficult for a layperson to assess.

I completely agree.
P.S. I am of course a layperson myself, but I have dealt with the topic because the exact same constellation existed for a property we wanted to purchase. We refrained from buying, a few others are actively building despite the still ongoing judicial review procedure.