Is the neighbor building legally and how do I find out?

  • Erstellt am 2022-04-12 19:57:51

Sauerlandkind

2022-04-12 19:57:51
  • #1
Hello forum,

on my neighbor's property, an additional house is to be built, and I am wondering if everything is above board here. The situation is as follows:

- Existing development area in NRW - all houses are at least 30 years old, but there are also some old buildings that are over 100 years old. Throughout, there are single-family houses with gable roofs.
- The neighbor's property is already developed. Now, a second house is to be erected on the property. Neither I (nor the entire neighborhood) ever expected this due to the size of the property and the location of the existing house on the property. I am not sure whether, due to the height of the house, a greater distance than 3m from me would be necessary. The house is supposed to have a shed roof: highest point 9.5m, lowest point 4.6m. From our property, you would look sideways onto the shed roof.
- I do not know the building plan. I would like to see it (floor area ratio, setback areas, ...), but I am not quite sure how to do this here "in the village" without immediately getting into a conflict. Can the building plan simply be requested anonymously from the authority, or must one identify oneself with a reason why one wants to have access?

I am a peace-loving person and do not actually want to start a neighborhood dispute. However, the situation seems suspicious to me, and once the house is there, it will just be there forever. Whether it was legal or not...

Thanks for all answers!
 

NatureSys

2022-04-12 20:19:06
  • #2
Many development plans can be found online. Which city or municipality is it about?
 

Benutzer200

2022-04-12 20:19:51
  • #3
The development plan (if available) is usually online. If not, just go to the office and take a look. No reason, applications, or anything else are needed for that. You can also remain anonymous ;-)

Apart from that, the neighbor needs a building permit. Illegal construction, which is quickly detected, will also be quickly demolished.
 

11ant

2022-04-12 20:31:01
  • #4
Your description of the area sounds like infill development (possibly even a §34 area). With a cadastral excerpt or aerial photo (not tiny or with some anonymization nonsense, otherwise I'm out) one could already make some assessment. Without an infill development zoning plan and without a zoning plan for the existing structures, there is only the overarching framework regarding floor area ratio/plot ratio.

On the one hand, you already know surprisingly much for not knowing the plans yet. On the other hand, it can be deduced from this that the distance will have to be greater.

That’s nonsense, a house built without permission or in violation of the permit would be a demolition candidate.
 

ypg

2022-04-12 20:48:58
  • #5
As already mentioned above: the development plan is often posted on the municipality’s websites. If not, just call the building authority. You live there yourself and therefore have a legitimate interest. Whether you have a problem with neighbors doesn’t matter at first. If you can assess that something is wrong, just ask again on the second call. Nowadays, building is only possible with a permit, which means that everything proceeds legitimately. People are often shocked that they will no longer have a nice gap next to them because they never thought about possible changes. How do you know the height of the house? Could it be that the old house will be demolished later?
 

gutentag

2022-04-13 10:07:26
  • #6
Your contact person should be your neighbor. It's easier to chat over a beer than anonymously.

Otherwise, your contact person is the building authority.

Normally, the direct neighbors should sign the approval plan. Then you have all the information.

Unless the neighbor says you don't want to sign, then it can also go without your signature. It just takes a little longer.

If you provide more information here, then surely someone can also assess whether the project can be approved.
 

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