Financial devaluation of one's own property due to the neighboring house

  • Erstellt am 2015-06-11 20:51:14

Slintrebla

2015-06-11 20:51:14
  • #1
Hello dear forum members,

after the good experiences I have had here in the forum so far, I would like to briefly hear your opinion on the following "problem."

Last year we bought a building plot in a new development area (approx. 500sqm, width 18m). Meanwhile, our neighbor to the west has built his house exactly on the 3m boundary to our property. So far, so good and completely legitimate. The problem, however, is the fact that our new neighbor has extended his basement max. out of the ground and exceeded the permitted total height of the house by about 1 m (permitted total height 6.50m - total height of the neighbor's house approx. 7.5m). The building authority of the district has also noticed this and imposed a fine of €5,000 on our neighbor. However, the construction project itself does not have to be dismantled and may remain standing. Due to the narrow plots of 18m, we are now the ones suffering from the construction violation, because after all, we now have increased shading on our property (terrace and living room).

In conclusion, I would like to briefly say that it actually goes against my morals to take legal action against my new neighbor in order not to ruin the relationship right away. Nevertheless, I would like to know from you whether I COULD take legal action against the municipality, the building authority, or the neighbor, because after all, the violation has caused a financial devaluation of my property.

Many thanks in advance for your opinions and tips!

Best regards and have a nice evening,
Slintrebla
 

ypg

2015-06-11 21:02:47
  • #2
I am not a lawyer, but I do not see any financial depreciation of your property. It is still 500 sqm. Besides, I do not see any significant defect in the additional one meter in height, it just causes shadow about 15 minutes earlier. ...so it is not proportional. But as I said: I am not a lawyer, but someone with common sense. Where do you see a reduction now, regarding the sun I already said, do you now have less building window to build on?
 

Bau45

2015-06-11 21:05:41
  • #3
Hello, the clearance areas should be checked to determine whether they have been adhered to. If they have been adhered to, there is no legal recourse.
 

ypg

2015-06-11 21:07:15
  • #4


That is exactly what I meant in relation to the building envelope
 

lastdrop

2015-06-11 21:09:53
  • #5
Your damage will probably be difficult to quantify. Therefore, it will be hard to file any claims.
 

Slintrebla

2015-06-11 21:12:30
  • #6
Hello everyone,

thank you very much for your quick assessment of the matter.

The boundary distance (3m) is maintained. The overall height of the house was "only" exceeded by about 1m. On a larger plot, it wouldn’t bother me either, but we are strongly restricted by the development plan regarding the building envelope and our terrace as well as the large glass front of our living room are now increasingly disadvantaged by the shadowing of the neighboring house.

Regards
Slintrebla
 

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