Approval procedure for moving a house

Hello everyone,
I live in BW and submitted an approval procedure with exceptions to the municipality a year ago. The municipality and the building authority agreed to it.
Now I do not want to position the house 5m away as originally submitted in the approval procedure, but only 3m from the neighbor's boundary. According to the development plan, this is lawful. The question would be whether a new approval must be obtained or if I am allowed to place my house within the building area as desired?

Hello,

I live in BW and submitted an approval procedure with exceptions to the municipality a year ago. The municipality and the building authority agreed to it. Now, however, I do not want to position the house 5m away as originally submitted in the approval procedure but only 3m from the neighbor's boundary. According to the development plan, this is legal. The question is, do I need to obtain a new approval or am I allowed to place my house in the building zone as desired?

Assuming NRW - and I do not assume it is handled differently in BW - you must submit an amendment to the building application to the approving municipality. Your building permit is based on a setback distance of 5.00 m; therefore, you cannot simply deviate from the permit and start building ... even if the development plan only allows 3.00 m.

Rhenish greetings

Ok, so that's where the wind is blowing from, I just replied in the other thread.

The answer is however "identical in construction". If you simply build up to the boundary at 3m without a supplementary application, it will be noticed during the building inspection and then you will have the problem of having to rectify it in the form of a supplementary application to the building permit. This is then also increased by 30% in NRW afaik if the building project has already been changed on your own authority. If that then - for whatever reasons - is not possible, you have a problem. So there would have to be a weighty reason for the speculation; if it’s just a few euros for a supplementary application, better forget the idea right away.

Best regards
Dirk Grafe

Hello,
I spoke with the general contractor and the site manager today.
Both are of the opinion that this would be possible without any problems during the acknowledgment process. Even reducing the size of the house or removing windows would be allowed. The house just must not get bigger and additional windows must also be reported.

Well, maybe I’d better ask the building authority after all.

I appreciate these meaningless questions in the forum ... again and again ...

Rhenish greetings

Construction expert, on the road

Hello Speer,

maybe you should differentiate more precisely:

Removing or adding a window is not the same as changing the construction from 5m to 3m boundary distance.

Regarding the notification/permit exemption procedure, I can only say that as publicly appointed surveyors, we will have a lot of fun with this in 10-20 years because when extensions/conversions or new buildings are planned within the scope of these permits, we will have to clean up all the nonsense that is now being created unchecked in the landscape, including the odd surprise for the owners.

The core question is therefore – also because you mentioned "permit with exceptions" in the ET – whether the mentioned exceptions concern the location of the building body on the property. IF you move from 5m to 3m to the boundary, at least a competent planner should ensure that you can also manage with 3m boundary distance. Because if your house needs a clearance distance of 3.50m on the relevant side, then you CANNOT simply move up to 3m to the boundary.

And if there is no written agreement (i,e. an addendum to the building application etc. pp.) for this shift, then you are liable for any damages - not the specialist planners, unless you have witnesses who can credibly confirm that this was discussed orally. Even then, something will stick with you.

Therefore, I can only repeat myself: amend the building application if significant changes are planned. Everything else is irresponsible blind flying, which you – with all due respect – do not oversee.

Best regards Dirk Grafe