Deviation from the development plan in the new construction area is possible

Hi,

Normally they don’t even look at it, since you are responsible for complying with the regulations yourself. That means we would have just started nicely and looked stupid afterwards if the district office came by for an inspection…

It can also go well, it’s just a risk game. With some luck and if the construction has progressed far enough, the building authority says "you bad naughty boy, you’re not allowed to do that," you pay a fine, which is partly ridiculously low, and you can continue building however you want.

If they notice too early, you have a serious problem...

But no one ever came here for an inspection; from the cozy office they only come out in emergencies. That neighbors built carports completely illegally (= outside the building window and also without any approval, since much too high for a permit-free erection) only came to light here when I complained (completely unaware, I didn’t want to get the neighbor into trouble), that I wanted to place my carport in the same position as the neighbor’s.

In the end, no one cared...

You are here in Bavaria, laws are often interpreted very vaguely here. The worst case for you would be if your neighbors don’t like your construction and at the same time are friends with some employees of the building authority. Then they will play that game with you for months.

Good luck,

Andreas

But that would be helped if all neighbors have signed the application, right?

Signature means that they waive the right to sue. But it does not mean that they cannot even ask the building authority in a "completely naive" way whether this or that is actually legally okay. And the building authority must then intervene ex officio in various matters. Acquaintances who work at the building authority not without reason describe neighbors as the best building inspectors.

By the way: knowingly building incorrectly despite being aware of the lack of legality is called intent, is not well received by the authority, and ultimately makes the property more expensive than a "genuine mistake."

Hi,

But wouldn't that help if all the neighbors signed the application?

not necessarily... What you want, what the neighbors want, and what common sense says is unfortunately often far from what some people in the building authority come up with.

I didn't want to encourage you to build illegally either! You specifically asked and now have the explicit rejection. Building it like that now would certainly not be a good idea....

I also had the experience with the building authority regarding the position of our carport. They told me quite directly: "If you hadn't asked but just built it, no one would have noticed..."

Enough off-topic, that won't help you either...

Good luck,
Andreas

But if I had an approved building permit PLUS the signatures of the neighbors, then I would be safe?

P.S: It wouldn't have been intentional, we all assumed to comply with all stipulations of the development plan.

Hi,

P.S: it wouldn’t have been intentional, we all assumed to comply with all the regulations of the development plan.

Would have, could have... if you hadn’t asked, you might have had a chance to claim a mistake in doubt. But not anymore, now you know that the building authority thinks that this is not okay.

That’s the risk of asking – you may get an answer you don’t want to hear.

With an approved building application you are completely safe, with an exemption that has not been rejected, not necessarily, but then they probably can’t force you to dismantle it anymore.

I don’t know your BO and your house plan. If your architect really believes that it should have been approved that way, I would strongly advise you to see a lawyer.

It’s also quite possible that the building authority is just completely overloaded and to avoid accidentally overlooking something and unintentionally approving something, everything that comes in is rejected and dismissed first.

This is a completely usual procedure in project handling: I don’t have time to deal with it, so rejected! No matter whether it’s correct or not!

Best regards,

Andreas