Neighbor's lawsuit against approved building permit

Well, what can you really offer... the west-facing island system will hardly generate any yields and now he rightly fears that nothing will come of it... which is more of his problem... I think this is also about principle and not about his measly fifty marks that he earns with the system... so offering something helps little...

Mycraft, take a look at the classic "The Godfather" from 1972 with Al Pacino. Then you'll know what I meant ))

Ok then I understand

What came out of the consultation?

Hello everyone,

sorry that I haven’t been in touch the last few days ... partly I was a bit stressed, and on the other hand I didn’t realize that more posts had been made here.

That the district office tells you that you continue building at "your own risk" is also clear, because in case of doubt the district office has to pay. They would be "stupid" to advise someone to build and then pay for it. Or do you have that in writing?

You should clarify this point again with your legal counsel, if that hasn’t happened yet.

The own risk aspect really seems to be the case, at least from the moment we became aware of the procedure. And yes, we also received that in writing.

I think this is also about principle and not about the small amount of money he gains with the system... so offering something helps little...

That is the impression I have as well. In the meantime, on the advice of the lawyer, we have also taken initial photos of the sun situation in the evening. Currently, his solar system is already shaded from about 5:30 p.m. by a tree that stands a bit further up the slope.

And there are websites where you can determine the sun’s path and shadow lengths. According to one of these sites, the 70 cm is theoretically only a problem on a few days of the year.

In winter, the sun sets before a direct shadow is cast on the photovoltaic system, and in summer our house would have to be 25 meters tall to cast a shadow.

What came of the consultation?

The result of the consultation was that we are basically allowed to continue building, but it is only recommended if you have a well-stocked wallet, as a residual risk remains. In the next two weeks, the statement of claim will be sent to the court both by the district office and by our lawyer. Next Monday there will be another appointment on site with the lawyer.

As soon as the files are with the court, one can estimate how long the whole thing will take, and then we will decide on the further course of action.

In the meantime, the court has also decided on the urgent application for an ordered building stop, which was rejected.

I can't really contribute much on the topic, but I have a tip regarding your shadow considerations: With the 3D software SketchUp, you can very well simulate shadow patterns at any date and time of day. If you include your house, the neighbor's house, and the relevant trees, you can nicely see whether the shadow will be a problem or not. Furthermore, there is the possibility to import aerial images from Google Maps; if your neighbor's house is already included, you don't have to determine the lengths yourself anymore. It's a bit of work, but maybe it helps to bridge the waiting time... Good luck and success!