Neighbor objects after approved building application

  • Erstellt am 2018-08-05 10:25:58

NicoleS.79

2018-08-06 11:25:31
  • #1
He actually built ON the boundary, it also says so in the contract. However, the notary slipped up there and we initially knew nothing about it. However, our carport will be on that side. The house is located a good 4m away from the property boundary. And then only the carport and garage border each other, well, with 50cm of space due to the retaining wall that we are building next to his retaining wall.

We have our file and it is really heartbreaking. Really! I have never been so incredibly angry at a person, never. And I am a very peaceful and harmony-loving person.

He submitted a preliminary building request, which has now been approved or whatever it is called for his garage, which he now still has to build after 20 years. By the way, the good man is retired (almost 70).

He knew in January how our house was planned (by whoever) and ultimately it was applied for differently. And now he is holding on to that. He would have agreed to the original plan *haha*, but the building authority did not, hence the changes. Furthermore, he is applying for the immediate suspension of the execution of our building permit until his garage is clarified and our construction method. (?) And he is hiring a lawyer.

In two weeks the building authority wants to have decided, and probably the whole thing will go to the administrative court, and then we will really be in a bad position and the neighbor will be happy.

Best regards Nicole
 

kaho674

2018-08-06 11:41:53
  • #2
I don't quite understand the matter. Is the neighbor directly affected by the exemption you obtained? Are the distances to him smaller than legally required? Please list all the exceptions you are claiming in detail. Some people here are quite familiar with this and can at least help you assess the situation a little for this sleepless night.

Otherwise, stay calm for now. You are not the ones having the dispute with the neighbor, but the authorities.
 

NicoleS.79

2018-08-06 12:12:18
  • #3
Thank you Katja,

here is our application in brief - I have three children running around here.

1. Building boundary: the location of the building boundary is set at a distance of 0.5m to the eastern plot boundary, an exceedance with the NE corner of the building by 1.50m is requested (a total of 5.25 sqm)
2. Building depth: a building depth of 12m is set, a depth of 13.42m is requested
3. Roof pitch - a roof pitch of 28°-38° is set - 22° roof pitch is requested
4. Embankments - 0.50m embankment is set, an average of 1.85m along the entire south side along the street is requested

Justification: The exemptions are necessary because the plot is trapezoidal and a functional wheelchair-accessible design was required taking into account the increasingly narrower plot width at the back. Different roof pitches already exist in the area. The deviations are minor.
Due to the strongly sloping plot, the access and entrance area to the building must be evened out. The western neighbor (our aforementioned neighbor) has implemented similar embankments in the same way.

Points 1-3 are fully approved, point 4 not completely. Regarding point 4, it should be noted that the planned embankment up to the eastern neighbor boundary (the plot is still free with many old trees) is not permissible. However, there is no objection to a bicycle ramp into the garden for the wheelchair east of the house, 2m wide.

We have already changed point 4 with the help of the architect.

However, the aforementioned neighbor does not want to accept these changes.

No further objections were raised.
 

haydee

2018-08-06 12:15:31
  • #4
That is more than annoying. Stay calm. Nothing is as bad as it seems. Your neighbor will be able to do little about what you are building. Is he affected by the exception rules? If yes, what disadvantages arise for him? Presumably, he is just a complainer who doesn't like that construction is taking place there. Children in the garden means noise. He doesn't want that.
 

kaho674

2018-08-06 12:41:21
  • #5
That is probably the reason. If I were you, I would try to make a 4th one today. As a sort of little revenge and for relaxation.
 

EinMarc

2018-08-06 12:43:14
  • #6
I believe that less now... I'm also not the biggest fan of screaming children, but imagining that one could get someone not to build on a plot of land already purchased with the above-mentioned measures is quite unrealistic^^
 

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