Neighbor objects after approved building application

  • Erstellt am 2018-08-05 10:25:58

kaho674

2018-08-05 15:46:49
  • #1
I now see absolutely no reason why you should delay anything. On the contrary, I would put up the hut as quickly as possible. Period. After all, you have the building permit - so let's get started now. Whether the neighbor is jumping around in circles is a secondary matter for the time being. And once the hut is standing, a dismantling is highly unlikely - with 3 children, one of whom is also in need of care - which judge would decide against you? I would sit back relatively relaxed.
 

Tina mit K

2018-08-05 16:05:21
  • #2


I would do the same. Everything is approved, so build as quickly as possible. I don't think it makes sense to try anything with a mediator with such people. Build and follow the regulations, put up a tall hedge or fence on his side so he can't peek onto your property and let Rumpelstiltskin grumble by himself.
 

Nordlys

2018-08-05 16:15:52
  • #3
The neighbor does not object to you, but to the [Amt]. And if he sues, he sues the [Amt]. As long as nothing else has been judged, the granted permission applies. Not a jot of it may be deviated from. And then build. Build as quickly as possible.
 

NicoleS.79

2018-08-05 16:26:46
  • #4
Thank you. We are waiting for the drafts (Elektroplanung) and then it will start at the beginning of September, maybe even earlier *hope*

What you write is really encouraging right now. THANK YOU!
 

Fuchur

2018-08-05 16:32:44
  • #5

That is correct. But according to the description, this is one of a special kind. If he wants to shoot crosswise by force and realizes that the excavator is approaching, there would still be the possibility of interim legal protection.

It is not entirely clear to me what role the office plays there. Also, which deadlines may have already expired for the neighbor or whether he was not involved beforehand.
 

NicoleS.79

2018-08-05 16:46:09
  • #6
The office has now tried for several days to calmly communicate with the neighbor and explain why we are building as we do. He requested our building documents and filed an objection according to the building authority. We only know about this because we called the building authority. We have nothing in writing. Oh wait, the caseworker from the building authority wrote us a letter in mid-July (3 months after he had approved everything) saying that we cannot build XY like this and that if we don’t submit changes by day X, he will revoke our building permit. *unbelievable* - The caseworker basically made a mistake, noticed it during the objection, and pressured us. We also suspect that the caseworker and the mentioned neighbor know each other and are conspiring. The caseworker actually called us and said he needed a signature from us so that the mentioned neighbor can build his garage. We didn’t do that immediately and then came the nasty letter about revoking the building permit if we don’t … This mistake was corrected by us and our architect within a few days (retaining wall) and submitted. Meanwhile, the building authority’s management is handling our application itself, because we have only had trouble with the caseworker so far. Well, and the neighbor: He has known since fall 2017 that we are building and since 07/10 about the building permit by us (verbally). I thought the building authority informed the neighbor. The building permit was approved at the end of March. Since the neighbor built ON the property boundary, he was somehow involved, at least he regularly talked to our caseworker according to our information, as he now has to build his garage. Unfortunately, everything is very confusing and opaque and completely incomprehensible to us. We really cannot see where we might have even made a mistake. We will request our own building file tomorrow and might be a bit wiser then?
 

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