Municipal development plan insufficiently executed, what applies?

  • Erstellt am 2023-07-12 14:34:24

xMisterDx

2023-07-14 09:03:20
  • #1
Yes, I see it the same way. If you have to take legal action, you quickly lose the joy of building a house. In the end, it’s not worth it, is it?
 

11ant

2023-07-14 12:34:17
  • #2
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.”
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.
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!”
 

TheElf23

2023-07-14 13:13:58
  • #3
Please excuse me, I am very grateful for everyone's contributions. My statements were partly misleading. That was not my intention.

The plot has since been reserved again. We will either make a preliminary building inquiry or apply for the building permit directly, provided we receive a suitable offer from one of the construction companies. We will decide that in the next few weeks.

I will gladly report the result then. Until then, thanks again to everyone.
 

11ant

2023-07-14 13:30:02
  • #4
The full building application (rocket stage II) is wasted money and wasted time if there are doubts about the rules. Follow my reading tip (including the quotation marks to google it).
 

K a t j a

2023-07-16 21:55:13
  • #5
The seems to me somewhat tense and currently little tolerant towards first-time builders. Maybe you should practice some patience. No one is born a perfect builder.

I mainly see the time pressure here as the biggest evil. If I were the OP, I would completely remove that from the equation and take the matter calmly. All offers stating "only valid until next week" are either unfair or not within your budget. Period.

I consider the building inquiry to be well-invested time and possibly money to clarify the matter. Basically, a similar photo + floor plan of your dream house from a catalog, which you place on your plot, and formulate the most important questions, is sufficient. That should be almost free with some initiative and Photoshop. As 11ant already correctly said, the inquiry is a binding document where projects cannot be rejected without reason.
 

11ant

2023-07-17 00:42:46
  • #6

Not at all, I just emphasized once more for the readers that the OP showed in a textbook manner how not to do it (and patiently explained to the OP what the smarter way is and where to read about it in detail). It would be a waste to let the audience casually overlook such a great example of clumsiness that was presented to them.

"Saving" on an architect is already unwise. Then having to pay a lawyer many times his "saved" fee makes it almost a slapstick act. And giving the building authority the opportunity to say a petulant "no" over the phone would have been suitable as a "played joke" in "Nonstop Nonsense". I merely marked this as a carnival performance with "Tätä, tätä, tätä".

I’ll summarize again: there has never been an official rejection of the OP's request by the building authority – but the OP acts like an Oscar-worthy castle actor playing a dying hypochondriac. Chapeau! – Kinski would be jealous ;-)
 

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