Neighbor objects after approved building application

Ok I am from BW so of course I am not familiar with that, but if it is a building permit then all the better, right?

A building permit does not mean that the residents are not allowed to file a lawsuit. Especially if he has not signed and has even already filed an objection. Even if the building application complies with the BB.



Has the neighbor already applied for a suspension?

What I see as very critical

"We are building with an exemption permit (larger than planned, but it has been approved),"

Here he can practically cause you trouble, because he can oppose anything that deviates. Even if it is only the shadow cast by your roof on his terrace.

That means you deviate from the floor area ratio? But what about the distances to the neighbor? Because here, in turn, there are differences depending on whether the authority has granted you an exception regarding interests that concern the neighbor... Distances would be rather critical here, increase of the floor area ratio according to what I have read, not...

Exemption from a non-neighbor-protecting regulation or a neighbor-protecting one?

Let your lawyer handle that... I hope you have one who specializes in construction law.

Nothing torpedoes a legal dispute more than a client who meddles alongside their lawyer.

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

So my question is: what exactly do you have?

I just checked: We have a simplified approval procedure with some exemptions, e.g. size, roof pitch (bungalow) and embankments, due to the hillside location. But everything has been approved without any problems. We also inquired with the building authority in advance (before buying the land) about the building plot and its exceeding of limits. We even have written confirmation that it’s okay. Only after that did we buy the land.

So you deviate from the floor area ratio? But what about the distances to the neighbor? Because here, there are differences depending on whether the authority has granted you an exception regarding interests that concern the neighbor... Distances would be rather critical here, increasing the floor area ratio according to what I have read, not so much...

Yes, but we observe ALL boundaries. Especially since our neighbor built right UP TO THE property line, but that’s not our fault.

Have your lawyer handle it... I hope you have one specialized in construction law.

Nothing torpedoes a legal dispute more than a client who fiddles around alongside their lawyer.

Yes, he is a construction law specialist. So far, we have been very satisfied with him. My husband is currently at the building authority getting our file or a copy of it. We will then go to the lawyer next week with it.

Has the neighbor already filed an application for suspension?

We don’t know. Hopefully not?!

What I see as very critical

[U]"We are building with an exception approval (bigger than planned, but it has been approved),"
Here he could really cause you trouble, because he can take action against anything that deviates. Even if it’s just the shadow cast by your roof on his terrace.

Does a "mere" neighbor really have the right to successfully oppose this? I mean, we are really not building that big just for fun (it’s about 1.5 m larger). And it has nothing to do with shadows etc., there is plenty of sun there. And we are also building on his "garage side" – meaning, we are not facing any windows etc. The only thing we see is his stairs to the upper floor, but only from the kitchen. His/our property border is adjacent to his parking space and next to it our carport. Then there are "only" entrance, storage room, and kitchen window, nothing more.

THANK YOU for your input!

Best regards Nicole

I don't believe that the dear neighbor is allowed to build ON the building boundary. You are allowed to build TO the building boundary, ON is actually a no-go. I would also keep an eye on that - basically, if he continues to be "unpleasant," to reprimand his non-compliant building. Basically as a last resort. He will not succeed in stopping your project - but having a building permit says nothing about whether its issuance was lawful (unfortunately). There is this great case where a neighbor filed an objection. Reason: the building does not fit into the appearance of the existing buildings (Paragraph 34): this was then granted (common sense apparently was not applied in the specific case) - with the consequence that the whole house must be removed..... So it's really not without risks and therefore simply too "dangerous" without a lawyer. I would really only start construction when it is clear that everything is in order.