LRA imposes penalties for not removing old stock

  • Erstellt am 2019-12-13 10:00:15

Lucrezia

2019-12-13 10:00:15
  • #1
Hello everyone! I would like to post this information, on the one hand to warn builders in a similar situation, and on the other hand to hear your opinion. On the same site where our new house will stand, there is an old building in which we still live. The architect's plan already shows a red "X" on the old building, because the new house overlaps the legal distance boundary in some places (the plot, as well as both houses, belong to us). The district office has issued us a building permit, according to which we are allowed to build, but we must remove the old building within 60 days - and if not, a fine threatens. We also have to arrange a bank guarantee of 15,000 € (at our own expense), in case we do not remove the old house within the deadline (then it will be "forcibly removed" - in which case further penalties will apply). All this contradicts the oral information that the district office gave to our architect about 6 months ago (namely that there would be no hurry to remove the old building). This seems - at least in Upper Bavaria - to be a completely new procedure: neither the municipality, nor architects, nor experts from the real estate sector knew anything about it. According to the lawyer, it is legally permissible and generally usual for the building authority to require proof of a corresponding bank guarantee to secure the demolition costs. However, he also said that one could and should apply for an extension of the deadline. Is anyone else in a similar situation (or has been)?
 

hampshire

2019-12-13 10:10:32
  • #2
I am hearing about this for the first time. From when does the 60-day period begin?
 

nordanney

2019-12-13 10:14:10
  • #3
I know from NRW that municipalities register security mortgages to secure costs. The BÜ is coming right away. Deadlines can definitely be negotiated - from when does the deadline start?
 

Lucrezia

2019-12-13 10:27:25
  • #4
Thank you for the information, as well as for asking.
The deadline of 2 months starts from the move into the new house.
Of course, we could take our time with the registration – the only problem is that I am moving the practice into the new house and must report it to the health department immediately upon commissioning.

Our plan was to slowly and carefully dismantle the old house (partly doing the work ourselves, selling parts, recycling...). This is difficult to impossible to do with "ongoing operations" in the same house.
 

nordanney

2019-12-13 10:32:43
  • #5
That's fair from the office.
 

haydee

2019-12-13 10:42:58
  • #6
Do you already have a demolition company? We searched for a very long time back then. The problem was the gutting and the prices. Maybe you can get an extension if you can prove that Huber is doing the demolition, but without gutting. This must be done compulsorily by your own efforts. Huber can only start in August.
 

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