Appeal against the building permit due to ongoing norm control procedure

The risk would also be too high for me. Or is the seller willing to include a clause that if construction is not possible, the contract can be reversed?

I can dispel the doubts. Of course, one can obtain a building permit. The development plan basically remains legally binding during the process. Only as a result of the norm control procedure can it lose its legal force. Even then, most objections are curable and must be taken into account accordingly in a revised development plan.

That may have been the case in your situation - but who or what tells you that it can or must proceed the same way here? We are clearly in the field of legal advice here, and this is subject to special conditions in the forum. The person responsible for this is - he might be able to say more about it.

Here in the region, a development plan was recently declared null and void because the mayor’s signature was missing. Now, construction is allowed freely in the respective area, and the municipality can do nothing about it. It is the opposite case - but the consequences are serious, and the municipality probably can no longer remedy it.

Best regards Dirk Grafe

You are of course right. However, I also emphasized that I am a layperson and that the information is based on my personal experience. May bring clarity, but perhaps my information still helped the OP somewhat.

The plaintiff’s lawyer is not entirely wrong. However, the case still needs to be won by them, but there are difficulties in the procedure...

The concrete assessment must be made by your lawyer.

To start:
Just Google:
expedited proceedings ARGE Baurecht
(in general, not for the NKK)

And for the NKK:
infoblatt Rechtsschutz im öffentlichen Baurecht
(also see last paragraph under 2. !!!)]

Keywords for the Building Code – which could still be possible despite a potentially invalid (-> NKK) development plan – are:
** objection (possibly annulment action later)
** suspensive effect of the objection
** and application for the ordering of the suspensive effect of the objection or immediate enforceability.
After the expedited proceedings, the main proceedings may follow.

Depending on the state law, specific objections of the plaintiff must already have been raised during the hearing procedure before the NKK; otherwise, "material preclusion" threatens – the plaintiff will not be heard in the NKK if they bring objections only there and thus too late.

All this is just about terminology.
As said:
Specifically, a specialist lawyer should assess this and also review the files.
Or you join forces with several interested parties and have a lawyer assess it for you jointly. It might interest more people...

Good morning,

I have added a few more additions above.

Good morning,

thank you very much for the many informations - I will start reading up on it right away.