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

In the end, you hardly have any other choice but to swallow it.
The municipality / district office has already classified the dismantling as "disproportionate" and imposed a fine. Therefore, your options to proceed in this way are relatively limited.
If it had been a garden shed or a carport, the dismantling would probably have been proportionate.
I wouldn't take legal action against the new neighbors – better try to add a large unauthorized conservatory so that you can go around their house. The penalties where you are are quite mild.

Hello Wastl,

it will probably be as you say. I myself would rather not start disputes with my new neighbor, but it does bother me to have to spend a lot of money and invest time to build a nice house, and then our new neighbor thinks they don’t have to follow the rules and laws, which now affects us negatively. That’s why I would have considered compensation fair.

I will check the suggestions from Voki1 and Dirk Grafe in the next few days, but most likely everything will remain as it is and I will have to manage with it.

Many thanks in advance for the numerous responses and support.

Best regards
Slintrebla

Ultimately, you hardly have any other choice but to swallow it. The municipality / district office has already classified the dismantling as "disproportionate" and imposed a fine. Thus, your options to proceed in this way are relatively limited. If it had been a garden house or a carport, the dismantling would probably have been proportionate.

The question is how the building authority justified this and whether all concerns of the neighbor were properly taken into account. This cannot be assessed without reviewing the files.

Furthermore, there are other ways to remedy building code violations without dismantling, usually through easements; changes in the building execution are also possible.

I wouldn’t take legal action against the new neighbors – better try to add a large winter garden that is not permitted, so you can go around their house. The fines there are reasonable.

Just for your information: the humorous tone of your statement is (for me) understood, but one should be cautious with statements that can easily be misunderstood as incitement to criminally relevant actions. There are enough builders who do this unknowingly, also because they are not aware of the possible consequences.

To me and my professional colleagues, this is superficially of no concern, because we also rectify such defects in cooperation with architects even after decades – naturally, at a charge. Regardless of the criminal law aspect, I consider it more sensible if builders inform themselves in advance with the specialist planners about what options exist – that ultimately has to be the aim of this forum, and as a builder, you then have peace for 100 years. That is usually sufficient.

Best regards Dirk Grafe

I would not dismiss the issue that easily. In our area, any deviation from the development plan requires the approval of the neighbors; if this is not given, it is an illegal construction. This has nothing to do with proportionality; it has to do with the reliability of the legislator. Why establish a development plan if you can simply buy your way out for 5000 euros? Illegal constructions have already been demolished due to much smaller deviations. I often deal with this; denunciation is lurking everywhere (although the objection here is justified). Of course, the quality of living and the value of the property are devalued if the shading from the neighbor begins earlier than usual. -------------- Of course, good neighborliness is strained by this, but not by you, rather by your neighbor who did not involve you. Whether you take action against the deviation or not, the damage is already done.

I wouldn’t dismiss the issue so easily.
In our case, deviations from the development plan require the neighbors' consent; if this is not given, it is an illegal construction.
This has nothing to do with proportionality; it has to do with the reliability of the legislator. Why draw up a development plan if you can just buy your way out for 5000 euros?
There have already been illegal constructions demolished due to much smaller deviations. I deal with this often; denunciation is lurking everywhere (although the objection here is justified).
Of course, it is a devaluation of the living quality and the value of the property if the shading by the neighbor starts earlier than usual.
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Of course, the good neighborly relations are strained by this, but not by you, rather by your neighbor, who did not involve you. Whether you take action against the deviation or not, the damage is already done.

I have to fully agree with Laemat!!!

Either everyone adheres to the development plan, or no one does...

I just wonder who was asleep at the wheel when the neighbor’s building permit was submitted...

Either everyone adheres to the development plan, or none...

With all due respect... that is nonsense. And criminal law is by no means applicable here.

No one here can know exactly what led to the higher construction. In any case, the responsible authority imposed an administrative fine, which supposedly amounts to EUR 5,000. A dismantling was (surely considered but ultimately) not ordered.

Thus, "justice" has been served.

If someone here is also privately affected by a disadvantage, contract law applies without restriction. One should find an appropriate legal basis for a claim and build an argument on this that results in financial compensation for the perceived restriction of value or at least attempts to compensate for the perceived disadvantage.

I basically agree with you. It is indeed frustrating when someone crosses the line and a third party experiences a disadvantageous situation. But no claim to one's own wrongdoing can or may be derived from another's wrongdoing. Perhaps the best example: A steals B’s computer. B learns from C that A is bragging with his new computer. Now B sneaks into A’s apartment and retrieves his computer.

Instinctively, one might say this leads to the desired justice and our feeling would say "fair enough, that’s fine." Nevertheless, it is not legal, but constitutes various legal violations.