Data protection at the building authority - (not) an issue?

Yesterday I received information from the building authority that our future neighbor is being granted his building permit. To my surprise, a copy of his permit was simply enclosed, on which all private address data is visible.

What annoyed me was that our address was on the construction sign hanging on the site fence for everyone to see. We had applied for the building permit here locally before our move to the temporary apartment, and there were actually people who googled our address, looked at our previous house on Maps, and then even openly told me about it.

That's why Ratz & Rübe smart guys submit the building application through their lawyer ;-)

That's why Ratz & Rübe Schlaumeier submit the building application through their lawyer ;-)

If I remember correctly, the builder is responsible for ensuring that the sign does not go missing or get stolen.... just hang it many meters behind the construction fence so that no one can really read it.. uh take it away :cool:

Hi, surveying technician here, working in a surveying office that is authorized to carry out such surveys.

In our building area, the were surveyed and marked

A brief excursion into surveying technology: The formation of a parcel (simply called a property for ease) can be done in 2 ways: partitioning and subdivision.

Partitioning: Can be used for already correctly surveyed properties. This procedure takes place entirely in the office without on-site surveying. Partitioning is often used in new development areas to speed up the marketing of the properties. Afterwards, these partitioned points are officially established as boundaries: meaning that the boundaries created purely on the computer are transferred to the location with, for example, boundary stones.

Subdivision: The surveying of the properties takes place on site. The boundary points are immediately marked with, for example, boundary stones. The disadvantage is that the properties can only be transferred once the survey has been legally recorded in the land register. But it has the advantage that not 50 different parties involved (new property owners) have to be called to the boundary appointment.

(still no idea what that is supposed to be and why I should have been there??)

Since surveying is a sovereign task, such surveys may only be carried out by the cadastral office or publicly appointed surveyors. In addition, the survey is associated with an administrative act, the boundary appointment. At the boundary appointment, the parties concerned are to be given the opportunity to comment on the facts presented. Since you apparently were not at the boundary appointment, you must be informed in writing afterwards about the survey that took place and heard in writing, because the survey has affected your rights as a property owner. (Boundary markers were placed on your property).

Of course, this is much drier administrative stuff, but unfortunately necessary if someone files an objection against the administrative act within a 30-day period. Every affected person has the opportunity to file an objection against the survey if he/she believes the survey was not conducted properly. However, this happens very rarely.

For half of the building area we now have the registered owners from the land register including maiden names and who has founded a GbR, whose parents are listed in the land register instead of the "owners" etc....

This is actually regulated, as far as I know, by the surveying laws of the various federal states, that these data may be "published".

If you have further questions on the topic, feel free to get in touch.

Niels

In addition, the surveying is associated with an administrative act, the boundary appointment.

The boundary appointment as such is not an administrative act.

That is of course much drier administrative stuff,

Apparently, the 5 hours of administrative law you had were not even enough for the basics. The definition of what an administrative act is is asked at point 1 in every exam.

The deadline itself is not an administrative act.

To my knowledge, however, it is the announcement of the surveying result. And in this case, it was made in writing and is accompanied by a legal remedy instruction against which an objection can be filed. How is that not an administrative act?

Sorry if I do not bring the intricacies of German administrative law closer to the broad readership here. With which they probably will never have anything to do again.

The 5 hours of administrative law apparently were not even enough for you to learn the basics. The definition of what an AA is is tested at point 1 in every exam.

That is actually not tested in Lower Saxony. Besides, this is the surveying technician exam and not the state examination for admission as a publicly appointed surveyor.

Sorry if I don’t bring the intricacies of German administrative law closer to the general readership here. Which they will probably never have to deal with again.

Correct, but that is no free pass for a complaining post ...

The 5 hours of administrative law apparently weren’t even enough for the basics for you.

... without a filler side dish in the form of at least a symbolic excursus into the criticized aspects.