Continuation of construction despite the construction stop

Hello, due to various violations (construction site, setback areas, maximum number of floors, roof shape, etc.), our neighbors received a construction stop weeks ago, even before a roof was built. This construction stop was lifted to protect against weather damage regarding the roof structure (and only for that). Meanwhile, the roof is completely covered, construction work continues unhindered, heating, plumbing, interior and exterior plaster... nothing to indicate a construction stop. The building authority still confirms an active construction stop. Now we have received a statement from the builders: - it is known that all construction work has been stopped - no building permit exists for continuation - removal may be ordered - waiver of damages Does that mean in plain language that construction may simply continue with such a statement? Then a small fine is paid and everything is forgotten? The entire neighborhood is speechless, the building authority is not forthcoming with information, and the builders – despite constant admonitions from the building authority – do not involve the neighborhood. Best regards Hilaria

without access to the files hardly assessable, generally one can only say that if parts of the house construction are not approvable, they must be dismantled or not built at all, hence the construction stop.

I'm not entirely clear on what you're aiming at here. You don't like the neighbor's construction? Is it just in principle or because it violates regulations?

As far as I know, the building authority is not obligated to provide information to you as a neighbor. If the neighbors' approval for the construction has not been obtained so far, you still have the possibility to file an objection. However, the objection must be justified; simply disliking it is not sufficient. It seems that regulations have been massively violated here, e.g. spacing areas, and this does affect you as neighbors.

So submit a written objection (justified!).

To what extent the builder may be forced by the building authority to undo the construction is decided by the building authority. And it is not uncommon to impose a fine for minor deviations and let it be. Many builders do take advantage of this.

However, I also know of a case where a teardown was ordered (but there were massive violations of the rules here as well, although the building authority had already demanded corrections during the application, the plan was apparently resubmitted with corrections, but then built as originally planned. The building authority did not find that amusing at the acceptance inspection...)

So you can try to defend yourself if there are solid legal reasons against the construction in this form, but whether you achieve a teardown is not necessarily certain.

Correct, the construction bothers us (several neighbors) because it does not comply with any requirements of the development plan, see above. According to the building authority, the submitted plans are "not acceptable" as is. New plans were demanded. The construction has already progressed to the roof erection stage. We neighbors have not been given the plans. We have filed an objection. We are direct neighbors, and our lawyer, who represents all neighbors, has learned through file inspection that this construction stop exists but that no one seems to adhere to it. We are not talking about a few minor deviations here; all specifications are massively exceeded, whether it is the building height by more than 4 meters, building plot in all directions, floor area ratio, site coverage ratio including the 50% exceptional rule, number of floors + unauthorized attic conversion, number of residential units, setback distances, etc. We find it scandalous that the building authority and the building supervision are inactive here, although a construction stop has been ordered for weeks. Therefore, my question: is it legal that this construction stop is simply ignored and the house is completed ready for occupancy? Meanwhile, we assume that it will be occupied without an approvable plan being available.

Write to the mayor and/or local newspaper

It's not quite clear to me what you are getting at here. You don't like the neighbor's construction? Generally speaking or because it violates regulations?

According to the OP's statement, there are several violations of the development plan, i.e. the building regulations. That means the construction is not carried out as approved, consequently there is no valid building permit, hence the construction stop. Possibly the deviations can be remedied by amendments to the building application (building encumbrances, neighbor consent, etc.), however it is questionable how extensive the required cooperation of the affected neighbors must be.

It is conceivable that the calculation of the setback areas is incorrect, but the recalculation still lies on the builder's property.

If the recalculation of the setback areas requires entries of building encumbrances on neighboring properties because there is no other possibility, that looks different.

As far as I know, the building authority is not obliged to provide information to you as a neighbor.

As a neighbor, you have full access to the building file based on your legitimate interest, insofar as your own concerns are affected, and the building authority is therefore also obligated to provide information, as long as no rights of higher importance oppose this.

If the neighbors' consent to the construction has not yet been obtained, you still have the possibility to file an objection. However, the objection must be justified; so just because you don't like it is not sufficient. But there seem to have been massive violations of regulations here, e.g. setback areas, and this very much affects you as neighbors. So submit a written objection (justified!).

For what purpose? There is already a construction stop; more than a stop is not possible. If construction continues nevertheless, the building authority (!) should disclose under what conditions this is happening. If the building authority does not comply, deadlines should be set for the building authority. I would take note of the builder's statements, but no more than that.

To what extent the builder can possibly be forced to dismantle will be decided by the building authority. [...]

More likely a judge, but whatever. Dismantling is only an option if all other lesser measures are not suitable to bring the building project into compliance with applicable law and the impairment to the neighbors cannot be compensated by monetary payments.

If the builder/building authority continue to be stubborn, and it is obvious that the building project is only approvable with the consent/cooperation of the neighbors, I would suggest throwing a compensation sum into the mix. Maybe that will get attention.

Best regards Dirk Grafe