Conversion of outbuilding on neighbor's boundary

How is the following situation to be assessed under building law:
An extension built about 60 years ago (probably approved, but no documents are available anymore) was used as follows: At the neighbor's boundary in the lower and upper areas as a shed, in the upper area as living space for the house.
For about 40 years, a passage door has been installed in the upper area and the part at the neighbor's boundary has been used as a storage room (approx. 8 sqm) since then. There are no windows on the neighbor's side. An application for change of use was probably not submitted. The lower area is still used as a shed.
Now my question: Does the change of use pose a problem under building law?
How could the building authority react?

Regards

Hello,
I admit that I first had to find out what a "Schopfen" is.

Now my question: Does the change of use pose a building law problem?

How could the building authority react?

It depends – whether the building was originally approved in its actual use (stable below and living space above), or only approved at ground level as a shelter for animals and above, for example, for the storage of hay. It was/is not uncommon for the actual use to deviate from the approved plan. It also depends on whether we are dealing with a development in an outer area or even an agricultural retirement property.

It is difficult to impossible to give you an approximate assessment – however, I see no problem in speaking to the responsible building planning office. It is hardly to be expected that the clerks will demand a dismantling after so many years of existence, should that be your concern. You mention that the original approval documents are no longer available – use this fact as a reason to speak to the BA to see whether they might still have a copy on file. The rest will then become clear from the conversation and you will know what you can/may do and how.

Kind regards

Hello building expert,

thank you very much for your quick response.
The outbuilding was - as I think - already planned and approved.
However, certainly not with living space in the upper area.
The conversion towards the house (kitchen) does not pose a problem in my opinion, as the distances to the neighbor are maintained here. The room towards the neighbor has now been used as a storage room for over 40 years. However, this room borders the neighbor.
I'm just not quite sure whether that could be a problem (because of the boundary distance) and whether the building authority might possibly cause problems there. Therefore, I am somewhat reluctant to go down that path, but of course I also want clarity.
For me, the question arises whether the building authority might possibly demand a rather high fine, whether they can demand a reconstruction, or whether they can prohibit the use as a storage room with a connecting door to the kitchen.
That would be really harsh.
Everything else that was possibly not approved would in my opinion still be eligible for retrospective approval.

Best regards

Hello,

The outbuilding was - I think so anyway - already planned and approved.

Our building regulations are almost as complicated as tax law and in many parts also a matter of interpretation; sometimes people are guided by their own wishes, so I am always very cautious in that regard.

For me, the question is whether the building authority might possibly demand a very high fine, whether they can demand dismantling, or whether they can prohibit the use as a storage room with a connecting door to the kitchen.

You will only be able to get all that answered for sure if you muster up the courage and seek a conversation with the building planning office. There are only people like you and me sitting there, and with the right approach you will find common ground.

Kind regards

@Bauexperte: Thank you very much for your assessment. The many reports in the press recently, about demolition orders of old buildings due to improper construction, have kept me somewhat awake the last few days. Regards