Building authority wants site inspection

In your case, the procedure for the building permit.

Hello To clarify again: A building permit was granted for the carriage house. The carriage house (including stairs) is finished. And accepted by the building authority. I built a weather protection to protect the stairs (I feared that the stairs would get covered with algae or dirty). Not dramatically bigger than the stairs. Has nothing to do with the building permit, which therefore cannot have expired. It's roughly like when a house is in the shell with windows and doors installed, but the exterior plaster has to wait. Last year, the letter from the building authority came completely unexpectedly for me. I did not assume that the weather protection would cause any problems. At first, it was declared as an extension. Apparently, the building application and the building permit had been misplaced. After some searching, they then came to light. Steven

This is not an administrative act. It lacks the character of regulation. It is merely a notification that serves to prepare an administrative act.

Ultimately, it is futile to argue about this, but the character of regulation is obviously given, since a deadline was set for him by which he had to remove the enclosure. He did not comply, the deadline has passed, ergo the old/existing administrative act is not yet finally concluded. If the office staff lose interest, they will eventually have it torn down – one can imagine the extent of the scribbling if this is decided based on the files. No caseworker is interested in that, ergo a site inspection to consider further steps.

Even if an administrative judge would see it differently in an individual case, that does not change the fact at all that the building authority comes onto his property if they want to. After all, that is their job.

Best regards
Dirk Grafe

Hello

This morning I called the building authority.
The situation, if I read between the lines correctly, is somewhat different from what is stated in the letter.
The responsible clerk is no longer there. Apparently, the files were not properly kept. They don’t know what was approved and completed when and how. The building permit for the coach house seems to no longer exist. The documents for the building inspection also seem to be not really readable anymore.
I think they just want to see exactly what happened officially now. Since they don’t want to admit that there is some disorder, they want to have a look at everything on site.
Which I find a weak argument. Because my files are complete. I could also send them a copy upon request.

Steven

So, as a former police officer, you are aware that the legal route is open to you. If you do not want the on-site inspection, then it is best to take the legal route involving a specialist lawyer. But obviously, you did not fully pay attention in your law class either. Because the restrictions that apply to you as a police officer do not always apply, as can be seen, for example, with bailiffs. There is also a difference between entering and searching. You cannot get legal advice here at all, as most people are not professionally capable and also cannot fully comprehend all the facts. Personally, I would almost always prefer a personal conversation, as in that case misunderstandings can be avoided and clarified. I would be interested in the further course.

It is rather the exception for an office to admit that the file was misplaced.
Files do get lost sometimes, and then one just gets creative with the justification for wanting to arrange an on-site appointment...
I don't find the situation particularly bad now.
If you get all the information from the street, of course you don't need to go onto the property.
Otherwise, the procedure would be to register in time and have the appointment confirmed.
If the appointment is rejected for legal reasons, the building authority has to use some brainpower and justify the inspection.
This is daily business, and as a property owner, you really can't do much to oppose it because Article 13 of the Basic Law includes more than just paragraph 1.
Unfortunately, many property owners do not want to accept that.

Oh, how difficult some people make their lives....
Due to the above addendum, I would see the following process: They should come, everything will be shown to them, I would proactively hand over copies of the building inspections. I would also clearly say that due to illness etc. the provisional arrangement could not yet be dismantled. Remaining material is ordered (hand over copies) and everything will be completed within 3 months.
And what are the consequences? They are grateful for the copies, surprised at how honestly communication is carried out, and they will extend your deadline by 3 months. Bet on it?
All possible without "threats"....... Wouldn't it be worth a try?