Continuation of construction despite the construction stop

Hi,

if it really should become such an extreme case:

D If the BV is 4m too high and building encumbrances are needed on your properties, then you can demand whatever you want for the registration of the encumbrances.

then you have just been paid for your house and property by the neighbors. My price for the encumbrance would simply be the money I invested there.
A problem could arise if your neighbors manage to have the development plan somehow changed or legally bypassed in some other way or if they already know that it works without an encumbrance.

And judging by their behavior, they seem to have a strategy... anyone who starts a project like this is certainly quite audacious but also certainly not stupid!

If the building authority does not act, how about the BG Bau or the customs office? If they continue without a building permit and despite a construction stop, I would be very surprised if there were not also considerable safety and labor law violations. And they come quickly and shut down the construction if necessary with police assistance.

Best regards,

Andreas

then you have just had your house and property paid for by the neighbors. My price for the easement would simply be the money I invested there. A problem could arise if your neighbors manage to have the development plan changed somehow or otherwise legally circumvent it or already know that it also works without an easement.

You will not be able to enforce the full house price. In the case of compulsory registration of easements, between 10 and 30% of the standard land value of the affected area is applied – so not the entire property.

But it may also be that the space does not exist at all, then it is all theoretical. Or the builder buys the required square meters from a neighbor who still has free space, then the setback areas lie again on the building plot – but that is cheaper than purchasing the entire neighboring building.

Of course, as a builder, you can apply to have the development plan (project-related) changed; if the building authority even wants that at all, it will be publicly displayed for 1 month, neighbors can then file complaints. It also costs quite a lot of money, and if lawsuits are already anticipated, the building authority will probably avoid it. There is no legal claim to change the development plan or to establish a project-related development plan. The builder can suggest it; if the building authority does not want it, the existing development plan remains.

It gets annoying if the current development plan has a formal error and is therefore not legally valid.

If the construction project can be realized without an easement, then as a neighbor you actually have little chance, which in turn would mean that the building application would only have to be supplemented/changed, but the development is basically in accordance with the development plan.

As usual ... without plans/maps, you can hardly say anything about it, there are plenty of variants and every building application is a unique case.

Best regards Dirk Grafe

Thank you very much for all the explanations!

Couldn't it be determined from the land register who is the financier for the (Schwarz)Bau? He could also use a hint ...

... how is one supposed to get hold of that?

... how is one supposed to get that?

Your lawyer already knows that. If not, it takes a minute. However, you can also do it yourself – proof of ownership of your property => legitimate interest => have the building file shown (!), you are allowed to copy some of it if you have an appointment at the building authority.

Best regards
Dirk Grafe