Approval procedure for moving a house

A change to the building application is not necessary because all requirements of the development plan and the regulations contained therein are being met.

Will receive everything in writing in the next few days

Have you meanwhile received that in writing?

Hello Speer,

if the municipality already says/writes that a change in location requires a new building application, the matter is clear in my opinion. The only question is what happens if the building is inspected by the building authority.

Let’s assume the worst case: building stop.

The building stop can then be remedied by a new application in which the entire construction project is re-examined. That’s not ideal, but it works. Ultimately, it will only be about costs, and it will be very helpful for you if you have as much as possible in writing showing that you have repeatedly pointed out to the GU and AR that you did not agree with the unauthorized relocation of the house. Then it is a planning error on the part of GU/AR.

It is a different situation if a plan appears somewhere that includes the relocation and that you (possibly also tacitly or without objection) approved or at least were aware of.

What still puzzles me a bit is the exception regarding the eaves height!? Was this exception tied to other conditions? For example, retreating from the boundary by 5m!? And who actually proposed moving the house? Did the idea come from you or from the AR/GU?

If your statement that the eaves height is an exception is true, then the claim of the AR/GU that 100% according to the development plan is being built is not correct.

All in all, you have two options:

1. Contact and consult a specialist lawyer for building law
2. Wait and see if the AR/GU manage to patch things up in the event of a building stop and then exploit the situation ruthlessly against you. If you stand firm and can prove the planning error, you can drive both as you please in the event of a building stop.

Best regards
Dirk Grafe

Hello everyone, since the general contractor (GU) today did not consider it necessary to answer his phone until 2 p.m., I decided to seek legal advice. Fortunately, the lawyer had an appointment available. I showed him the plans etc. and explained what was troubling me. Now here’s the thing, the specialist lawyer for construction law does not see any violation on the part of the GU/architect! Honestly, I don’t understand anything anymore. At the building authority, they tell me that if there is a change of location, a new application definitely has to be submitted. The lawyer says everything is fine!

Briefly on the questions above: Originally submitted was a boundary distance of 5m and an exemption of 50cm for the eaves height. Since we are building two stories, the eaves height had to be increased from 5.50m to 6m. The roof has a pitch of 23°C. Between submission and start of construction, almost one and a half years have now passed. Due to two bereavements in the family, there were other things to take care of first. This year it was supposed to start. Made a few minor cosmetic changes with the GU. My wife and I asked at every visit whether a change or resubmission was necessary. It was always denied. The shift of the house came from the GU/architect. When I asked the GU, he said it would be no problem to place the house at the building boundary. The distances in the development plan are 100% observed. Honestly, that suited me because my wife and I were a bit annoyed about the wasted space after the submission during the notification procedure. I have to say that up to this point I did not think about whether everything was legally okay. After all, with the legal stuff, a GU and his architect are on board who are supposed to ensure that everything goes its proper way. Only by reading on the internet and here in the forum did my doubts arise. I have nothing in writing from the GU or his architect. So it’s all hot air…

Honestly, I don’t know what to do. The lawyer’s statement doesn’t make me happy either. I am already considering asking the building authority to look at the construction site and plans. What would it actually be like with a new submission? If the regulations (development plan, state building code, etc.) are complied with, do the neighbors have to approve again? Could a neighbor boycott the construction if everything were correct?

If I were you, I'd just let it run now and if it crashes, blame everyone involved.

If I interpret the Landesbauordnung BW quickly and correctly, you have a so-called Kenntnisgabeverfahren, meaning there is no building permit application, only an information to the building authority about how it will be built. If this is within the law, everything is fine – still, in my opinion, any changes must also be communicated, and in the worst case, submitted afterwards.

What does your building site look like regarding the height level?
- Are you (partially) filling in or (partially) excavating?
- Is the terrain towards the relevant boundary characterized by a (steep) slope/ascent?

Best regards
Dirk Grafe