Distance to our rented property for new construction on the plot

2021-04-28 12:22:21

The OP is not the owner but a tenant; i.e. he has no rights whatsoever to inspect the construction documents. And it apparently doesn't bother the owner, who seems to be on very good terms with the new house owner. Maybe they also have a deal – two neighboring owners are allowed to do that.

As a tenant, you have no chance at all. Either swallow the bitter pill or look for another rental property.

The discussion whether this is legal or not is pointless. It must bother the owner and then he has to act. As described here, you can assume that this will not happen. And where there is no plaintiff, there is no judge.

I would not see it so clearly.
The rented property also has to maintain a defined condition within certain limits. If unlawful impairments of the rental property occur due to the neighboring property, this very much concerns the tenant. After all, he pays for the fully usable property.

Setback distances are exactly there to prevent impairment of the neighbor.

2021-04-28 12:37:40

If the owner has had a liability registered on their property and this is within the framework of the building regulations, then that is solely the owner's matter. And I will now assume that all building regulations have been utilized to the fullest extent possible (and, if applicable, expanded by a declaration of assumption of setback areas by the owner), but have not been violated.

2021-04-28 13:02:24

If the owner has had a lien registered on his property and this is within the scope of the building regulations, then that is solely the owner's matter. And I am now assuming that all building regulations have been exhausted as far as possible (and possibly extended by a declaration of assumption of setback areas by the owner), but have not been violated.

How do you come to that assumption? If the owner now places another parking space in the garden and starts parking his car there, I as a tenant would very quickly reduce the rent. I also think that there is no impairment of the property here, I just want to say that there are matters that the owner cannot simply implement without consultation/change of the rental agreement.

2021-04-28 13:17:00

That is a different matter. If a certain amount of garden was promised in the rental agreement and it has now become smaller, then that justifies a rent reduction - clearly.

However, if the garden has only become shadier because someone next door has built a house in accordance with the regulations, then that is annoying, but not a reason for a reduction. As a tenant, I can only consider whether I want to continue living there. My advantage as a tenant compared to an owner. The owner can only be annoyed and at most sell because of it.

2021-04-28 14:05:44

I believe the central question is:

Do I, as a tenant, have any rights IF my landlord has made a deal with the new neighbor that effectively limits the value of the property?
That is, in case the neighbor has built something that requires the owner's approval. Or even illegally, and the owners just don't care.

It's not entirely clear, as some portray it here.
The owner cannot act however they please. After all, they have a contract with the tenant.

2021-04-28 14:10:04

I think the central question is: Do I as a tenant have any rights IF my landlord has made a deal with the new neighbor that de facto limits the value of the property? So in case the neighbor has built something that requires the owner's consent. Or even illegally and the owners just don't care. It's not as clear-cut as some make it out to be here. The owner cannot do whatever he wants. After all, he has a contract with the tenant.

Climbee restricts it again by referring to proper construction. Whom the claims lie against is, I think, more the question. If the neighbor builds something illegal, in my opinion the tenant initially has no claims against the neighbor, but can probably put pressure on the landlord if the value of the rental property is diminished.

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Distance to our rented property for new construction on the plot

Stefan001

Climbee

Stefan001

Climbee

moHouse

Stefan001