Damage to neighbor's house or street - who is liable?

  • Erstellt am 2018-03-31 18:29:34

i_b_n_a_n

2022-04-26 13:23:03
  • #1

Even less repaired than currently? :p
I am a trained draftsman in civil and road construction, trained at the district administration. "Back then", if I remember correctly (and yes, it has been a long time) when I finished the training, the allocation of mineral oil tax revenues to the road construction budget pot was discontinued. Since then (and that is about 35 years ago :oops:) money has been missing in the respective funds. How the financing of the municipalities in this area has changed since then is unknown to me, but I also believe that the corresponding allocation distributions were less favorable (except, of course, in Bavaria, which has seemingly provided the appropriate ministers since then).
 

x0rzx0rz

2022-04-26 13:42:34
  • #2




    [*]Baden-Württemberg has always waived the collection of road expansion charges since the founding of the federal state; they have never been collected there.
 

Nixwill2

2022-04-26 13:46:14
  • #3
Can you please break that down further? I don’t understand what that means :).
 

x0rzx0rz

2022-04-26 14:11:49
  • #4


This is just a quote from the Wikipedia entry on "Strassenbaubeitrag".

Generally, not all federal states charge the aforementioned fee, i.e. the maintenance of the roads must be carried out by the municipality / the state.

What this means for your specific case, I cannot say for sure. Option 1) The road is old, the use by normal construction equipment (truck, excavator) is part of its life / purpose. Therefore, the renewal is the responsibility of the municipality / state, and the costs are not allocated.

Option 2) The road is not considered old from the municipality's / state's point of view. The municipality / state issues a kind of "grandfathering" as part of the building permit / determines that the condition of the access road must not deteriorate due to the construction work. The builder would then presumably have to bear the maintenance costs.

However, I would somewhat doubt option 2, because as justified in the Hessian ruling, roads are there to be used. And you are not driving a tank or pulling steel containers on the bare road surface towards the property… you are using the road according to its intended use (in this respect, for example, no weight limit applies to the road).

I would approach the building authority proactively and try to clarify the situation. Otherwise, the risk is too great.
 

Nixwill2

2022-04-26 14:30:18
  • #5
Thank you very much for the explanation!

I'll clarify this with the building authority and get back to you, but it will take a while because the building application is not back yet. I'm really curious how this is supposed to continue. That would definitely be the end, because even if you left out the L-stones, earthworks, crane assembly, basement and house installation, etc. cannot be neglected, and if someone is looking for reasons for a "private" renovation, they will surely find them after such a construction site...
It just doesn't stop with the Hiobsbotschaften, even when you think everything has been clarified :(...
 

k-man2021

2022-04-26 21:49:08
  • #6
I would document the condition of the road with good photos and address the building authority (after you have the building permit): "… the road is already so bad, it certainly won't get any better through normal use during the construction…"

I wouldn't worry about the road. It's a different matter if, for example, the sidewalk right next to your property is severely damaged, then of course you are responsible, but the costs for that will probably be manageable. That's also the only case anyone has reported here so far ( ).

When we built, the condition of the road was already bad before and even worse afterward, but no one cared.
 

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