Neighbor objects after approved building application

Thank you. Tomorrow we will try to get access to our construction file. Our appointment with our lawyer is not until two weeks from now, as he is unfortunately on vacation.

But I advise you to rely on your lawyer and not on advice from the internet.

Yes, of course. Our lawyer also said on the phone that we can definitely start. (We have had contact with this lawyer for a while since we also have issues with our condominium - construction defect.) A meeting about this is still to take place and a start is currently not foreseeable anyway. We hope for September with the base plate, basement, and earthworks and in November we then hope for the house - maybe, perhaps.

By the way, in many federal states the neighbor does not automatically receive the plans or the permit of the new builder through the building authority, especially not when proceeding according to the development plan.

Am I then, as the builder, obligated to inform the neighbor? Does that mean I now also have to do this for the neighbor opposite and below as well? Best regards and many thanks for your input!

No, as far as I know, you have to inform your neighbor of your project in Bavaria, which they document by signature. In Thuringia, as far as I know, not. Certainly not in SH. I have shown neither H. next door nor Sch. opposite our building plans nor they have shown us theirs. The office approved everything, for us and for them, so it complies with the development plan. I also don’t care what H. builds or how Sch. lays his terrace. Of course, there are rules, especially important on slopes. Our rainwater must infiltrate on our property or be drained into the rainwater sewer system. Draining to the neighbor is prohibited. Sloping plots must be balanced, so neither digging in nor mining. Building envelopes must be observed. Ridge directions and heights too. But this is always checked by the building authority here, not the neighbor. It also happens here repeatedly that people allegedly see violations against the development plan and request an inspection. Then, the office has to handle that. Usually, it’s peanuts. But sometimes someone grossly violates their own approved plan. Then action is taken, and a stop and alteration of the illegal part is ordered. Karsten

But you do have a building permit ... then everything is approved and the rest is not your problem for the time being ..... it would be different if you submitted your documents under a clearance procedure instead of a building application .... Simply put: Building application with approval: you are safe, it was approved for you as such, nice of you to have corrected the official’s mistake, but you didn’t have to do that Clearance procedure: you confirm to adhere to your submitted documents and the development plan ... if you (unintentionally) deviate from it, the risk lies with you

Construction site Thuringia... is there an exemption? Here in the north, there is none at all.

I found § 62 Thüringer-Bauordnung Thüringer Bauordnung (Thüringer-Bauordnung), so the simplified approval procedure should be there.

Therefore my question: what exactly do you have?

Hello Snowy, §62 describes the simplified procedure, in which a decision should be made within 3 months.

The exemptions §63a were, I believe, abolished in 2016. Hessen still has the so-called exemption with $56HBO (approval-free if all requirements of the B-plan are met).