At the current stage, there is only the verbal rejection regarding the gable from the municipality. The statement on the phone was quite clear. Possibly another misunderstanding?
Honestly, I feel completely taken for a ride right now. You’re spooking the horses here (forum community and specialist lawyer) over a rejection that actually never happened. A verbal expression of opinion from an authority is quite the opposite of an appealable administrative decision and barely more binding – you might as well go to Madame Wahrsagia’s tent at the fair. You “save” yourself an architect or replace him with a competition between general contractor draftsmen, but with the other hand you throw money out the window for a specialist lawyer to test your chances against a formally non-existent rejection letter. I can’t believe it. This already serves as a textbook example of “how
not to do it.”
What makes you believe the authority’s opinion would change if you submit it officially in writing?
Phone talk is not an administrative act; however, the rejection of a preliminary building inquiry would have to be solidly justified according to the regulations.
In case of doubt, one should then start the preliminary building inquiry with documents from the contractor we find most suitable. Which theoretically should actually not be necessary. We would then like to submit a building application immediately.
The preliminary building inquiry is not an instrument only for doubtful cases. And it almost emerges as a byproduct when planning with a freelance architect. With a general contractor draftsman “put in third gear,” however, you would first have to painfully reverse-engineer it. So much for the topic “smart alecks ‘saving’ at the wrong end” – again, many thanks for nicely demonstrating to the readers in their poetry albums how to act in the most foolish way.
You should once consider the unfortunately quite likely “worst case” that in your silly general contractor competition, the participant with the winning architectural design and the one with the most advisable construction service description will, to put it kindly, not be the same person. So besides swapping “saved” architect fees for lawyer fees, you have done yourself a second big disservice.
I wish you good luck for your building project – but also that you do not get this plot; then you can still start
at the beginning without losing face with yourself. Maybe by now you’re reading “A house building roadmap, also for you: the HOAI phase model!”