Consent for temporary border construction, is a right of withdrawal necessary?

A lien on revocation contradicts the nature of the lien. This is ALWAYS linked to the [BV] and NEVER to persons. Rather, the link to persons is expressly to be excluded and the legal effect also SECURED against third parties.

In the end, however, it doesn’t matter. Even if you find a lawyer who formulates it that way, you need a clerk who accepts it like that. Since the clerks or the building authority are the defendants in the event of a lawsuit, this is very unlikely.

So the whole discussion is of little use as long as the assessment of the building authority is not known.

Such roof terraces inherently also carry a high potential for lawsuits. This used to be handled more leniently, but nowadays the cases/judgments are also known in Hintertupfingen, therefore I assume that it can only be secured by lien.

Best regards Dirk Grafe

The question would be, can something like this be done on a revocation basis?

Very roughly sorted, subject to the respective state building code:

1. Yes and no.
You can - but only for a limited time.

The prevailing opinion of the case law:
Revocation of the approval for boundary construction is possible - but only until the receipt of the building application (minority view: until the issuance of the Building Code).

Consequence: Revocation afterwards is not possible!

2.
Do not forget: Only a garage (solo) is privileged for boundary construction. This privilege of abstract permitability (without neighbor approval) is regularly lost when a use is "added on top" of the garage. Consequence: distance requirement - or approval necessary. And the neighbor's approval does not guarantee that it will be permitted. The authority may, for example, want to prevent precedents.

3.
Conceptual:
Building encumbrance: public-law obligation of a property owner towards the building authority (it thus does not operate under civil law between the parties!).

Easement: it provides the beneficiary property owner with civil law security, § 1018 Building Code. Unlike the BE, the easement can be registered in the land register.

BE and easement therefore belong together.

4. Neighbor approval is the little sister of the building encumbrance. With it, the approval to the submitted plan is declared. Legally, there is some dispute as to whether this is a waiver of legal remedies. It has formal and substantive effects:

[*]Strictly speaking, neighbor approval is a preemptive waiver of remedies or legal remedies against a building permit that does not yet exist. If the neighbor nevertheless proceeds against the building permit despite the granted approval (objection, lawsuit), the request (objection, lawsuit) would have to be dismissed as inadmissible.

[*]Substantively, neighbor approval leads in addition to the extinction of the neighbor's right of defense as such. This loss of rights is not person-dependent and is permanent, i.e. once given and effective approval declaration for a neighboring construction project binds all legal successors of the declarant. Public building law (= Building Code) is property-related, not personal-related. As an heir/buyer you also do not apply for a new Building Code permit.

5. Special peculiarities arise with neighbor approval in the case of a change of ownership: Once it has been submitted to the building supervisory authority, the neighbor approval also applies for and against any later buyer or legal successor of the property. Because: The building permit of the legal predecessor usually becomes final one month after issuance.