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

And if you have acknowledgments of receipt for all documents to be submitted, it is clear that everything is complete. I would consider the last acknowledgment 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 expired successfully accordingly.

Yes, that's how we see it as well.

The last time we submitted, it was not confirmed, but we have a return receipt for it. And if they had not received it, they should have sent a rejection by now.

What is a 3-month deadline? I only know it as a guideline.

What is a 3-month deadline? I only know it as a guideline.

Hessian Building Code (HBO) §65 paragraph 2: 1 The receipt of the complete building application must be confirmed, including the date. 2 A decision on the building application must be made within three months of receipt of the complete application; the building supervisory authority may extend this period by up to two months for good cause. 3 The building permit is deemed granted if no decision has been made on the building application within the deadline specified in sentence 2.

Hessian Building Code (HBO) §65 paragraph 2: 1 The receipt of the complete building application must be confirmed indicating the date. 2 A decision on the building application must be made within three months after receipt of the complete application; the building supervisory authority may extend this period for important reasons by up to two months.

If I understood correctly, the authority did indeed fail to deliver such a confirmation letter ...

3 The building permit is deemed to have been granted if no decision has been made on the building application within the period relevant according to sentence 2.

... however, the decisive factor for the start of the period here is clearly the completeness as such, independent of the issuance or date of a receipt confirmation. And sentence 2 would have given the authority the option to confirm the receipt with the addition of the notification that it (indicating the "important reason") would need the extension of the period – e.g. exceptional sick leave, or many employees seconded to the health department for Corona contact tracing. If the authority has not asserted any such reason, I see the three-month period as remaining valid (and its expiry without further ado triggering the consequence of the permit fiction).

We have finally reached someone from the building authority and the lady confirmed that our project has gone into fiction. She will confirm this in writing by Thursday. Now we just have to hope that the KFW launches programs again. Unfortunately, our bank did not submit the KFW application on time.

Update: The building authority in Karben has withdrawn its opinion on the fiction. Although they had not responded for almost 4 months and had deliberately let all projects run under fiction because they lacked manpower, one of our parking spaces is 50cm too close to the property boundary, so our application is incomplete and not under fiction.

We are currently checking whether legal action is possible.