Building application - delay due to neighbor's lawsuit - experiences?

Good morning everyone,

has anyone perhaps experienced a similar situation? We have submitted our building application and have already received a phone call from the building authority informing us that the application will be approved. However, our neighbor wants to prevent the construction (which we already knew). He wants to take it to the highest court. Unfortunately, it is also not really possible to talk to him. Our building will be in the second row with a wonderful view and unfortunately, for cost reasons, no other plot is an option for us. We strictly adhere to all regulations and the neighbor's reasons are more of the nature "my view" (although he has his own property behind his house and no construction will take place there) and his solar system on his shed, which might earn a few cents less per year (if at all). Unfortunately, it is also not possible to resolve the issue by talking to him normally. Has anyone had a similar experience? And if so, how long did it take in the end for you? We will still arrange an appointment with a lawyer, but I am nevertheless troubled by the question: Suppose he now delays our building by 1-3 years (I have heard it can take a very long time if it goes to court) and in the end we are allowed to build, could we then claim the additional costs (due to standby interest, additional costs from the house provider, etc.) from him? I fear not, but it would be interesting to hear how it was for you?

Many heartfelt thanks from a somewhat desperate builder...

Terrible!

He wants to go all the way to the Supreme Court.

Well, it's not that simple.
I can't imagine that he can even go higher if the situation is clear. There must have been a procedural error.
And judges are not stupid either: they see that someone is pissed off because they had free space or height in front of their door for a long time. But customary law cannot be claimed in court.

and in the end we are allowed to build anyway, could we then claim the additional costs (due to pre-financing interest, additional costs from the house provider, etc.) from him? I fear not,

That's what you have a lawyer for, who will sue for your compensation.

Good luck and I wish you a thick skin.

Off topic: You have my old nickname with which I started back then on the WWW... just without 01

The question is rather, do you really want to live next to such a person? He will not become reasonable and your best friend just because he lost in court.

However, our neighbor wants to prevent the construction

I'm not very knowledgeable about building law, but how can a private individual cause a construction stop after a building permit has been granted?
If the office approves your application: what can the neighbor still do to delay construction? To enforce a construction stop, he needs a legal basis, which he does not have.

The already mentioned argument of inevitable neighbor disputes would also concern me more. How old is the neighbor? Have you asked other future neighbors or do you know them? What is their opinion on this? Having only "enemies" around you doesn't make you happy in the long run.

If the office approves your application: What can the neighbor still do to delay construction? To obtain a construction stop, he needs a legal basis, which he does not have.

That's how I see it too.

And my "good luck" refers more to the time after the construction.

Search on Google for "Schwerte" and "building permit". Cities can make mistakes and if a nice neighbor is found who has nerve and endurance, this is the worst case result.