Building permit granted - can the neighbor still "intervene"?

Hello,

I need to provide some background to make the situation somewhat understandable.

Our plot is part of a listed park, which also includes an old villa from the Gründerzeit period. Since the entire property was too large and therefore unsellable, the previous owner had it divided, sold the part with the villa to our neighbor, and clarified by means of a preliminary building inquiry for the other plot whether (and under what conditions) construction would be permitted there. We have now bought the plot, slightly adjusted the concept (instead of 2 floors now a bungalow, but with the same footprint) and submitted the building application.

It was quite a back and forth. The monument protection authorities got involved, and the city also lodged an objection. Now, finally, after three quarters of a year, we have received the building permit.

In the meantime, we also spoke with our neighbor and found out that he was not very happy that construction was even allowed here. Apparently, he was not aware of the monument protection conditions when he bought his part, which we then provided to him – after all, we are nice.

Now construction has begun, and our neighbor contacted me directly, saying he is not satisfied with the location of the building because it does not comply with the sightlines specified in the park appraisal. He had laid out a path across the park on his part, which he had to dismantle after an objection by the monument protection authority, and finally, the same rules should apply to everyone.

The intended sightline is actually only visible with a lot of goodwill, but it does not affect his view (we are not right in front of his nose). According to the site plan, we are exactly on the design of the overlap plan.

What can actually happen in the worst case? We obviously cannot just rotate or move our building a little bit? Or cut off a corner? Can the approved building application still be stopped even though the relevant authorities have been consulted, as long as we strictly follow the planning?

I am very tempted to ask what his problem actually is. We cannot be held responsible for his path not being approved. We also did not report him; the monument protection authority discovered this on its own. Likewise, we cannot be responsible for the fact that there is a building permit here. If he wanted to have a view of the entire park, he would have had to buy the whole property.

We are basically aiming for harmony, especially since we actually depend on each other and could probably quickly resolve one or the other problem through conversation rather than fighting. But at the moment, this does not look like a good start.

We will consult with our architect today before responding. However, here is the question – what can happen? More delays will eventually become a problem for us :(

Just out of curiosity, because that sounds so interesting: Can you upload a layout of the situation?

Hi,
you have an approved building permit, if you stick exactly to what you applied for, no one can really mess with you at first.

I don’t really understand the neighbor either, he must have known that the remaining plot would also be built on? Or did he believe that the owner would kindly divide the plot so that he could buy it cheaper with a villa on it, the rest remains with the owner and then he lays out a nice garden for him!?!?
Here in Bavaria in such cases the building plans are also shown to the neighbors before the building authority approves them. In other words, he had his chance to complain...

There are really some people

If you want to be sure, I would on your part seek expert advice from a lawyer again whether everything is really in order. Of course, you can also inquire further with the building authority, though there is the risk that you might still wake up some sleeping dogs.

Best regards,

Andreas

You will have to obtain the neighbor's consent anyway; you should actually have already attached the so-called neighborhood list to the building application, right? Has he already objected there as well?

As far as I know, but I am not really a legal authority, the neighbor can only make a GROUNDED objection. So if you violate regulations, rules (setback areas or similar). Obviously, you are not doing that. Then he can sulk, not sign, and be against it, but you are still allowed to build. At least that is my understanding. But there are people here who know more about legal matters.

As far as I read, in MeckPomm neighbor involvement is only necessary if an exemption from certain requirements in the development plan is to be made. Since we do not fall under this (it is not a development plan area), he does not need to be heard either. Right?

At the moment, I only have the current site plan of our property, where the neighbor is only partially shown. I will see if I can find something better.

We strictly observe the boundaries; to be in his line of sight, he would have to go out onto the balcony (and look to the side) or out of the side windows facing north, but he also has an outbuilding there himself.

The property was originally priced quite high and is subject to conditions that not everyone likes (but do not bother us) - it was on the market for almost 2 years. We negotiated well and got lucky. I think he assumed that nothing more would happen there... But I rather think he is angry because the monument protection authority rejected his "simple sand path" and we are now not building exactly as originally recommended in the landscape planning. But that is exactly why we planned in direct coordination with the monument protection authority.

Addition to the plan: north is on the left, south is on the right. Our property is the triangle. A road runs along the bottom past everything, a small path at the top. The neighboring property extends a bit further to the side, trees are not shown on the side (or only 2 by me). The neighbor’s path was supposed to lead directly from the main road to the house, so guests have to go around the entire property to have access from the back. Obviously ridiculous, but not our decision. The disputed line of sight is the one to the lower left tip, where you can admire grass, a tree, and a chain-link fence ;)