Building authority wants site inspection

  • Erstellt am 2017-04-03 13:19:20

Steven

2017-04-03 13:19:20
  • #1
Hello

Behind my garage (which also serves as a terrace) I have a shed (approx. 6m x 4.5m). The garage is at the level of the basement. The property has a slight slope. This shed serves as a storage room for gardening tools and at the same time as stairs from the terrace to the garden (height difference approx. 170cm.)
Since the stairs will still be covered with granite, I have completely built the shed with a slatted structure covered with a large mesh tarp to protect against the weather.
Last year, the building authority ordered the removal of this "enclosure". In a personal conversation, I was able to obtain a "grace period" until summer 2016.
Now things happened as they had to: serious illness and then professional overload. Long story short: the enclosure (to me it is weather protection) is still there and I simply need another 3-4 months until the granite is delivered (China is far) and the stairs are completely finished.
Last week I received a letter from the building authority stating that I still have not finished my construction and that the building permit is no longer valid. The shed was approved about 4 years ago.
Furthermore, they want to come by on Friday for a site inspection and to discuss further proceedings.
Since I have major problems with entry by an authority (Art. 13GG) I will refuse a site inspection.
What can happen?
An administrative order that the enclosure must be dismantled by a certain nearby date. I expect that. However, this can be done based on the files.
Now I need another 3-4 months. I think an immediate enforcement will not take place.
How should I proceed?
I am grateful for tips from knowledgeable people.

Steven
 

DG

2017-04-03 13:31:13
  • #2


At the following appointment, the police/municipal order office. Costs at your expense.



Basically, the office can demand the demolition and, if you refuse, have it carried out against your will and at your expense. If you actually refuse a site inspection, I also see some chances for this solution.

Art. 13GG - you probably don't have anything smaller than that right now, hmm?

The simplest solution is that you prove your illness and thereby obtain a further postponement. If you act stupidly, I wouldn’t be surprised by anything. Apparently, the authority has the longer lever here.

Best regards
Dirk Grafe
 

Steven

2017-04-03 13:44:00
  • #3


Hello Dirk

The article fits. Every authority should adhere to it literally. The exceptions are fixed in writing down to the smallest detail and must be precisely justified.
It is not exactly clear to me why they are so upset about a temporary weather protection. The thing consists of 3 beams, some roofing battens, and a fabric foil, and in contrast to my house, it is a real eyesore. It is obvious that the thing will be removed by me again.
I just need a little more time.
Of course, they will go wild if I do not let them onto my property. Unfortunately, there is no way around that for fundamental reasons.
Well, most likely a prompt regulatory order will arrive. How much time can I gain? Appointment at the building authority, objection, lawyer?

Steven
 

Evolith

2017-04-03 13:48:51
  • #4
Do you have a cocaine plantation running there or why is it such a drama when the office comes by? If they are not supposed to see certain things, then quickly plant a few tall shrubs and bushes, if possible.
 

Steven

2017-04-03 14:03:12
  • #5
Hello Evolith

once again: we have a Basic Law. Article 13 establishes the inviolability of the home (which also includes peaceful possession). Every authority should of course adhere to this. Unfortunately, I see that this immutable right is very carelessly violated and even abandoned. I consider this very worrying. I will not casually give up this fundamental right. There are clear rules. They must ALWAYS be observed.

Steven
 

Alex85

2017-04-03 14:36:20
  • #6
Go to a lawyer and have them explain to you what your uncooperative attitude can bring you. Such nonsense. You are listing arguments here for your delay that can also be conveyed to the normal counterpart in a normal tone. Along with the order for the granite - something will come out of that which is not associated with coercive measures. Whoever always runs off with raised elbows will simply rub people the wrong way - or get stuck. Don’t forget, you want something from them and not the other way around. I would take that into account in the further procedure. Legal remedies are expensive.
 

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