Neighbor has filed an objection - experiences?

  • Erstellt am 2023-03-20 14:07:13

schoenerwohn

2023-03-20 14:07:13
  • #1
Hello everyone,
we would like to start our construction project soon and expect the decision on the building application in the coming days.
A neighbor has submitted a legal objection to our construction project (various points).

Are there any experiences:
- Does the construction project usually have to be redesigned?
- Does the city municipality possibly have the option to "reject" the neighbor's objections, even though they were identified and submitted by a lawyer?

Thank you very much!
Best regards
 

i_b_n_a_n

2023-03-20 14:23:20
  • #2
wait a moment, I'll ask my crystal ball ...

(way too little info! And: Even ReA can be wrong, sometimes even intentionally)
 

Tolentino

2023-03-20 14:25:12
  • #3
I recently had an accident. The other party has now written through a lawyer that I am at fault. How does the judiciary usually rule in such cases? Do I still have a chance even though the other party has involved a lawyer?

What says...
 

11ant

2023-03-20 14:34:57
  • #4
There are empirical values indicating a connection between the scope and comprehensibility of the description and the usefulness of the responses :) Whether with or without a lawyer, the objector must be legitimized (here probably fulfilled as a neighbor) and their objections must have substance. Then the authority is obliged to examine them factually - and if they convincingly argue against the contested aspects of the building application, they must be remedied. The head of the building authority will prepare a technical statement for this, and the head of the legal office (fully qualified lawyer) will then decide on it and draft a corresponding notice on how the building authority should respond. The objector is entitled to a response within a reasonable period. What is it about anyway: development plan or §34 area, are you requesting too extensive exemptions (and which ones)?
 

sergutsh

2023-03-20 14:38:15
  • #5
So if the objections are justified and your planning violates the state building regulations, then you probably cannot expect a (positive) decision in the coming days. By the way, it is nice to have such neighbors who fight future neighbors with lawyers and courts even before the building permit.
 

i_b_n_a_n

2023-03-20 14:41:03
  • #6

You always have to hear both sides! There may well be a reason to deploy such heavy artillery (unsuccessful preliminary talks, no contact possible, etc.). WE do not know the background, so, unlike his lawyer, we should judge objectively. However, we cannot do so due to the lack of information.
 

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