Neighbor wants to file an objection against construction

Good day dear forum,

I have a question regarding the rights of the neighbor. We want to build in an already existing area (Lower Saxony). We have purchased a former garden plot as rear development. The seller was already able to present a positive preliminary building inquiry for a single-family house at that time. There is no development plan.

The building application has been submitted since June. Of course, we have adhered to the applicable rules regarding setback areas etc. Since the access road is a private street, we have also acquired shares in it so that we are allowed to use it accordingly. At the end of last month, a letter from the building authority regarding "neighbor involvement" apparently reached some neighbors. They are supposed to submit written objections within 4 weeks or not respond and thus practically give their consent.

We have now heard from one neighbor who apparently has objections. Through other neighbors, we know that this very neighbor was apparently allowed to use our plot as a garden for free over the past few years and is now, to put it bluntly, "pissed off" that this is no longer possible. My question would now be whether this neighbor could actually take action against our construction by means of objections such as "construction noise" or "damage to the access roads during construction" or if we are worrying too much?

We have not yet received the building permit, but this neighbor involvement is apparently always the final step before the permit is granted in our town. Hope you can give us some input on this.

Best regards,
the builders

I would first kindly talk to him to see if he has any reservations, and if so, what kind. Some people just want to feel appreciated. And maybe the situation is actually quite different than originally thought and there are indeed good objections.

any objections like "construction noise" or "damage to access roads during construction"

Sounds not valid to me at first. (as a naive layperson) The former, I think, has to be tolerated and the latter you just have to restore afterward if necessary? I’m currently experiencing something like this with an acquaintance (who himself is the one with the objections) but his objections are that setback areas were simply ignored (they simply weren’t drawn in like "maybe no one will notice") and floor area ratio and site coverage ratio were exceeded (and they want to build a 3-story building where not even 2 full stories are allowed), so I’d say the objections are on a completely different level. What I could imagine is that he somehow can come up with valid objections against changing garden land (due to environmental reasons or something). Otherwise, I suspect that whether justified or not, the authority probably has to review objections and that can lead to delays. But I can’t think of any solution other than what described. Approach him as nicely as possible and try to get him on board. If he realizes that you’re actually pretty nice people, maybe it won’t be so bad after all... (But it can also happen that he approaches you with prejudice because, for him, it’s just not that nice)

My question now is whether this neighbor could actually take action against our construction due to any objections such as "construction noise" or "damage to access roads during construction," or whether we are worrying too much?

Construction noise is temporary, and if your trucks damage the access road, you will have to repair it anyway. He will not get through on that front. The situation is interesting because of the building preliminary request. At least here in BW, objections regarding the aspect of the building preliminary request can only be raised against the preliminary request itself; later objections to a positively decided aspect are no longer possible. The key point here is, of course, what exactly was the content of the preliminary request and to what extent you deviate from it (e.g., different building size). This may be a case for a lawyer, but I would first try talking to the neighbor. If the neighbor files objections, then it is a case for a specialized lawyer.

The building application has been submitted since June. Of course, we have complied with the applicable rules regarding setback areas, etc. Since the access road is a private road, we have also acquired shares in it so that we are allowed to use it accordingly. At the end of last month, some neighbors apparently received a letter from the building authority regarding "neighbor participation". These are supposed to raise objections in writing within 4 weeks or not respond and thereby effectively give their consent.

After such a long processing period and the usual procedures, I assume that the approval stamp is already hovering over your application and the neighbor participation is only a formality to be checked off. "I don’t like it" or "I fear in the future there might be" would not be valid objections; the neighbor must cite specific violated or threatened legal interests. Give the building authority another four weeks after the objection period expires before you have a lawyer request access to the files. In view of the positively decided preliminary building inquiry (which, however, like a building permit, does not remain indefinitely valid), I first assume that the neighbor cannot present any genuine reasons for rejection and that the building authority will grant the permit. During that time, you will receive a permit or a letter about the submission to the next instance (district administration office). Before that, I see no need for action or concern.

In my case (exempt from permits, not even a building permit required) I often and thoroughly spoke with the building authority beforehand and also informed the neighbors. Of course, I didn't have to do either, but I did anyway. They were all still present then or had resigned themselves to their fate. Then I had to shift the house 10cm, away from the neighbor, so I actually had more distance space than before. Since this was a new application, I went over to him again, explained it to his wife, who acknowledged it on the first of the two plans; then the man bursts out the door, snatches the pen from the woman’s hand, and yells that my house is taking all his sunshine and that his terrace is unusable as a result. I responded calmly and kindly that a) I was only informing him, and b) the house was moving further away from him. None of that mattered to him; he ranted that he "didn't want to make it any easier for me to build the house."

Well, at that time he was in the middle of a very bitter divorce with his wife and moved out shortly afterward; I really didn’t care for the construction.

Later, another neighbor (for insiders: the one with the hedge) sent the district office on me every week, claiming that we were building illegally – the district office came by, measured everything, everything was fine, then left again.

So yes, first see if anyone actually files an objection and then read carefully. And then try to comfort the neighbor over their rejected objection.