Liability in case of exemption from approval

My building plot is in a new development area. There is a development plan for this new development area. According to the building authority, my construction project is exempt from approval if the submission plan is implemented 1:1 according to the development plan. On the cover sheet of the submission plan, "exempt from approval" is to be checked (I think the GÜ does this?), a detailed examination is not carried out, according to the building authority. What is the legal situation if it is later found, for example by a neighbor or an authority, that one or more items such as roof pitch or setback area do not correspond to the development plan? As a layperson, I cannot assess whether the submission plan complies in all respects with the development plan. Is the creator of the submission plan liable, or I as the client, or both? I believe the creator and the client sign the submission plan; I will see when the time comes.

You as the client are initially liable. Your approval including signature, your property and your house. In case of violations, it depends on how severe they are. From €40 retroactively per deviation including exemption or subsequent approval procedure or dismantling, everything is possible.

Basically, you do know whether you deviate from the development plan. If you had no plan, you would not be asking the question. Besides, you know it now and can deal with your development plan and your submission planning. You approve and you are liable.

The builder is liable. Legal certainty is only obtained through a completed building permit procedure ([u.a. Nachbarunterschriften erforderlich!]). This takes much longer but involves a technical review by the district office.

Thank you for the quick responses. I already suspected something like that. I think the GÜ also signs the submission plan. The client, who is a layperson and relies on the contracted professionals not to violate the existing development plan, is responsible and not the professional ????????????? How can the creator, who is the professional and gets paid for the task, be held accountable?

How can the creator, who is a professional and gets paid for the task, be held accountable?

The supervisory authority will initially focus on the property owner. However, in my opinion, this does not mean that the property owner cannot also seek recourse against the planner depending on the contractual arrangement.

Basically, you do know whether you are deviating from the development plan.

No, I don’t know, I work in a completely different industry than the construction industry. I have read the development plan but didn’t understand everything. I am having a catalog house built that has already been built many times. For this house, there are plans that the general contractor must adjust according to the requirements of the development plan; I pay for this and expect proper implementation. If I receive a "medical report," I don’t have to understand everything the doctor wants to say either.

If you didn’t have a plan, you wouldn’t be asking the question.

I don’t have a plan yet, only a draft. But I am asking myself who is liable in case of violations of the requirements; that is legitimate, isn’t it?
The draft shows a large retaining wall, which seems very massive to me, but I could live with that. I cannot assess whether this complies with the development plan or not; that’s why I have a general contractor.