Extension and construction

Hello,

Construction expert, I don’t understand that, 5m yes, but with almost 15 sqm of visible surface area it far exceeds the 4 sqm and also with 12 m house length it exceeds the 1/3 or is it all an or connection?

Aside from the fact that you haven’t mentioned so far that the neighboring building is 12.00 m deep – or am I blind? – it may well be that the responsible building authority commits to one of the possible variants (⅓ or max 5.00 m); wouldn’t be the first time. It also very clearly illustrates that “consultation” via the internet is only possible to a very limited extent. I would like to help you, but I can only do so to a limited extent because I do not have all the relevant documents – relating to the neighbor and the development plan – available.

Arrange an appointment – I also do not know, by the way, what you mean by “Resolution of the Grand Senate of November 3, 2005, 2 BV 04.1756.” Is that an approval, as is often the case in notification or simplified approval procedures at the BW border, or what is behind it? – at the responsible building authority and have them explain to you why your signature is required and what exactly it means. Whether the neighbor needs your approval because boundary distances are violated? Because the dormer must be executed fireproof (if it violates the boundary distances)? Whether the conservatory is only possible with your consent? Etc. Have everything explained to you calmly; the building authority is obligated to do so.

I can well imagine that you are “eager” to receive a reliable statement. Unfortunately, it can only be given here and by me to a limited extent and is fraught with a high potential for error. You will surely manage to wait this week and then see further; obviously, the neighbor can do nothing without your “Otto.” If you still have questions then, we will be happy to continue.

Rhenish regards

Yes, that's how we'll do it, for my neighbor I am already the enemy because I don't sign unconditionally. Well, this is sure to be fun.

According to the Bavarian State Building Code, the affected immediate neighbors must be contacted in writing and can express their views prior to the issuance of a building permit. If unconditional approval is given, one apparently cannot later object to the neighbor's building application; that is the risk and the catch of the matter. The cited ruling dealt with whether and for how long one can still withdraw their signature. In principle, however, a building permit can also be granted by the authority without the neighbor's signature (otherwise there probably would be no new buildings anymore soon ). However, the neighbor must always be informed beforehand, if I understood correctly, because their interests could also be affected. In my post above, I also assumed that it was about some kind of building encumbrance or easement to be approved so that the neighbor’s construction project would be approved as desired. But that apparently is not the case here after all. I would not grant the signature as a carte blanche here as long as I had concerns with the construction project. I would, if in doubt, also have this documented, because the authority probably expects feedback to document that the neighbors were informed. The building authority can still decide as it wishes and as corresponds to the legal situation; that is not dependent on the neighbors’ signature. Maybe the builder already knows more and cannot obtain approval without a building encumbrance from the neighbor. Then they could have played with open cards from the start and would not have to complain later that their approval process is delayed by the neighbor’s withholding of a signature. One should still be able to assert their rights, and if one has not yet dealt with the matter, one normally does not simply sign a carte blanche for the neighbor. The neighbor should understand that too, and if not, then it is just the case that they are not necessarily going to become my best friend anymore.

If the BV is within the B-Plan, then why should one sign? What is intended to be achieved here is, in my opinion, a waiver of legal remedies - and that is not given away lightly.

Let the building authority approve it - or not.

Best regards
Dirk Grafe