City objects to roof tiles after construction

  • Erstellt am 2019-11-15 11:06:40

Lumpi_LE

2019-11-15 13:07:17
  • #1
Is that hearsay or actually seen personally? It lacks any legal basis or proportionality. If a RAL shade is specified in the development plan, it would be clear; red, gray, or any other designated description cannot be contested just because one does not like the shade.
 

Zaba12

2019-11-15 13:11:01
  • #2
Witnessed live over the fence so that we didn’t dare to put a slate gray from Braas on it. Stone gray was the color it had to be.
 

Lumpi_LE

2019-11-15 13:14:21
  • #3
What exactly is stated in the development plan? What happened in the background is hardly knowable. As already said, if the development plan, for example, states "grey", no one can force you to change the grey tone just because of dislike.
 

Zaba12

2019-11-15 13:21:01
  • #4
It says light grey and red. Red ranges from light red to brown. Light grey only means stone grey. Take a look at the colors
 

Lumpi_LE

2019-11-15 13:33:37
  • #5
If stone gray is not listed in the development plan but is only light gray, he's just stupid to have let it happen to him. There are several light gray RAL shades, no judge would have seen it differently unless stone gray was specified in the development plan. Light gray, fawn gray, silver gray... all of these are by definition light gray. If, on the other hand, he had slate or graphite gray... that's just gray without lightness.
 

Joedreck

2019-11-15 13:40:16
  • #6
That is the cowering before authorities. And a lack of will to enforce one’s rights.

The building authority can order the dismantling, but does not necessarily have to be right. I think at the latest after the objection or before the lawsuit challenging it, the authority would have withdrawn the administrative act.

The principle of clarity applies. If it only says "red" there, only any shade of red can be permissible. Then they just have to express themselves more precisely. A "that’s not how we imagined it" does not count in administrative law.
 

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