Is the signature of the neighbors necessary for construction?!

  • Erstellt am 2009-01-22 06:49:56

wabe

2009-01-29 19:05:30
  • #1
As long as one stays within the [Bebauungsplan], the neighbor actually has little chance, whether he signs or not, at worst he can only delay the construction a little.
 

Maren

2009-03-19 13:06:04
  • #2
Neighbors

Hello,
I can join in on this topic

The completed submission plans are presented to the directly adjacent neighbors for signature before the plans are approved at all.
The municipality or city takes care of this - only if they have no objections does the approval proceed.

It is also important what is stated in the development plan....
With a border distance of 2.50 m, a neighbor should not be concerned about how you build - for example, a required gable roof on the garage or other...

Good luck with your project!
Maren
 

NUISETTE

2009-05-27 12:12:43
  • #3
Hello,

what about the Kenntnisgabeverfahren? As far as I am informed, a "simple objection" does not have a suspensive effect there! Our architect, for example, had a slight building boundary exceedance approved in advance by the building authority, which was also then entered as approved in the building application.

With us, it's quite funny. The objection is based on the fear that a tree could fall on our house.
 

Danton

2009-05-27 18:51:14
  • #4
Hello everyone,

here I have to completely agree with Wabe.
As long as one adheres to the legally binding development plan, no consent from a neighbor is required. In this case, no plans are presented to them for signature, nor are they asked for their opinion.
That is exactly what development plans are for. Before they come into effect, they are available for inspection at the municipality/city. During this period, neighbors can raise concerns which may then be taken into consideration.
Once a development plan has become legally binding, neighbors hardly have any chance left. At most, they can ensure that the new neighbor complies with it.

In such a case, the objection or annulment lawsuit of a third party (namely the neighbor) according to §212a Baugesetzbuch (Baugesetzbuch) has no suspensive effect. Nuisette is completely correctly informed about this.
 

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