Consent of neighbors for building inquiry due to building window

  • Erstellt am 2022-08-25 15:08:26

JoergBecker

2022-08-25 15:08:26
  • #1
Dear Sir or Madam,

we have submitted a preliminary building request for a semi-detached house, which according to the building authority will also be approved positively if all adjacent neighbors agree that we may build outside the building envelope. All boundary distances are adhered to.

In the neighborhood, the building envelopes were not observed when the properties were erected, and only we are now required, at the request of the building authority, to legalize the whole thing with the approval of the neighborhood!

Is such a procedure common?
 

sergutsh

2022-08-25 15:32:51
  • #2

Yes, that is correct. As soon as an exemption, deviation, or exception from building regulations or local ordinances is applied for, approvals from the neighbors are required.

Otherwise, the neighbor will be able to sue successfully.
 

JoergBecker

2022-08-25 20:08:26
  • #3
Hello, the neighboring properties are also outside the building envelopes and the neighbors' approval was not required 4 years ago! Can't this be referred to?
 

sergutsh

2022-08-25 20:16:31
  • #4

No, I'm afraid not. One wrong cannot justify the other.

Is it certain that none of the neighbors were asked about this or were their neighboring plots not yet built on/sold?
 

JoergBecker

2022-08-25 20:31:38
  • #5
The adjacent neighboring property was sold 10 years ago and we as directly adjoining neighbors were not asked. Also, regarding the properties adjoining on the south side, we were not asked 4 years ago. The architect is of the opinion that the development plan from 1950 should have long been revised. We now want to have a meeting with the building authority.
 

Tolentino

2022-08-26 08:43:15
  • #6
Is the relationship so broken that you expect to receive no approval?
 

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