Hang securing > overcoming 1.30 m / house in a "ditch"

I would prefer to have this legally reviewed. The question is only how promising that would be.

Hello,

of course, only a lawyer can assess how promising that is. Basically, initial consultations with specialized planners and lawyers etc. are free of charge; in the worst case, you would invest about €100 for an hour of information that usually advances you in the matter.

Basically, however, I believe it will be difficult to prove a planning error by an architect, since you as clients are continuously involved in the planning and naturally acknowledge the planning via sections and site plans and ultimately the building application signed by you.

It can at most be the case that the height position of the neighbor(s) is not correctly represented in the building application - then that would indeed be a planning error. But if the height is correctly represented in the site plans and sections, in my opinion that will be very difficult, unless you have pointed out the alleged defect in writing.

Furthermore, the question would be asked why you approved the building application if you did not want to realize the construction project as such.

Best regards
Dirk Grafe

Hmm... But when you were planning, did you really have no idea at all how the house would later stand on your property? And now you even doubt the roof shape??

We always liked the shape of our house, but it could have been a bit higher on the property. However, then we would have had a problem with the garage and could no longer build the garage directly attached to the house. So the planned low height was okay after all and the better compromise for us.

By now, I always recommend to every builder to go with the planner to the sloping plot and have the actual heights (e.g., where the upper edge of the ground floor floor is) marked with a laser and marking spray. That definitely would have triggered the "AHA" effect for us much, much earlier. We refrained from legal action, got really upset over a weekend, had the gabions installed by the shell builder, and then still built our house as it was.

In our case, the plan was ultimately marked "correctly," but the representation was not clear to us as laypeople and our architect did not point it out to us either. We also thought that this actually belongs to the architect's job. But "assumption" and "reality" are still something different....