Building application due to parking spaces not approved. What can happen?

You never called there to inquire about the status? Followed up and followed up again? In writing and orally? With a deadline, etc? It reads as if no deadline was ever initiated...

Authorities are currently (always?) overloaded beyond measure. That's when the loudest answer is received. Exceptions prove the rule...

Well, we did that for the 6 months before and achieved nothing.

We assumed (as described in the previous posts) that we would have approval after 3 months. Whether that is really the case now, we will see.

Could it be that the application was submitted to FB? It generally doesn't go fast there. Corona has slowed them down even more. Our developer had to wait 9 months or more for several projects last year. Our construction start was planned for summer 21. The start was then January 22. For our new place of residence including the district, there is only one caseworker. The only thing that helps is to keep at it!

So we actually have a fictitious building permit? One sentence that still trips me up is in a letter from 13.4.2021: "... [then], you will receive a separate confirmation as soon as your application is complete. Only from this point does the statutory deadline begin to run ..." [...] We did not receive this confirmation. We have not received any letters at all since December. My construction engineer will call there on Thursday.

I would not wake them up now, but I consider the start of the deadline according to their view wishful thinking. The legislator and no one else says when the fictitious approval applies. Namely, as far as I know, when the application is complete (you have to be able to prove when that was). The authority does not have unlimited time for stalling with "inquiries just to interrupt the deadline" – that is precisely why the rule of the fictitious approval exists. Unfortunately, we are missing here exactly what the "then" in the quoted letter from April last year referred to.

Could it be that the application was submitted in FB? Generally, things don't move quickly there. Corona has slowed them down even more. Our developer had to wait 9 months or more on several projects last year. Our construction start was planned for summer 21. The start was then January 22. For our new residence including district, there is only one caseworker. You just have to keep at it!

It may be that our district building authority is located there. We are building in Petterweil. Directly on the city border to Frankfurt.

I wouldn’t wake them up now, but I consider the start of the deadline according to their view wishful thinking. The legislator and no one else says when the approval fiction applies. Namely as far as I know, when the application is complete (you have to be able to prove when that was). The authority does not have unlimited time to stall with "inquiries just to interrupt the deadline" – that’s what the regulation of the approval fiction is for.

I think so too. The deadline has now expired for the time being. Let’s see what they say. In case of doubt, then we will consider how to react. I will post an update here.

What exactly the "then" in the quoted letter from April last year referred to is unfortunately missing here.

If the rules of the simplified approval procedure apply then....
The simplified approval procedure applies to us.

The "then" is not in the letter but I inserted it for easier readability. This is only the confirmation of receipt for our first submission.

The "then" is not in the letter, but I inserted it for easier readability. This is only the acknowledgement of receipt for our first submission.

And if you have acknowledgements of receipt for all documents to be submitted, it is clear that everything is complete. I would consider the last acknowledgement of receipt as the start of the deadline. If the "opposing party" has not caused an interruption of the deadline between then and the occurrence of the approval fiction, the deadline should have successfully expired accordingly.