Neighbors shocked by the building structure. Who has experienced this before?

  • Erstellt am 2018-05-07 21:36:43

Egon12

2018-05-14 12:25:28
  • #1
Our neighbors 2 houses away are probably now also disillusioned by the fact that a 2.5-story terraced house has been built within the building envelope on the southwest side 3 meters from the boundary...
 

Climbee

2018-05-15 13:46:07
  • #2
We also have a neighbor who is really not happy that we are building. Until now, it was simply green land and he never expected that there would ever be any construction there (he could have bought the strip as well and thus ensured that nothing would be built, but that was too expensive).

Although he had always complained in the years before that the green strip was not maintained well enough (my mother, now 78 years old, simply couldn’t manage it and we are not always around), he does not like the fact that a house is now going to be built there! Which I can basically understand; of course, a green area maintained by others as a view is definitely nicer than a house there.

But I can report directly from Bavaria how it works with the neighbor’s signature: you should obtain the neighbors’ signatures, it speeds up the process because then the building authority doesn’t have to deal with it anymore. We had arranged various appointments with the neighbor and he was not there at any of them. Eventually, we submitted the building application without this signature. Then the neighbor is informed about the building application by the building authority and can request to inspect the application and the plans and, if applicable, object to the building project if applicable law (distance regulations, valid development plan, etc.) is violated. Simply because he does not like it—no, that is not possible in Bavaria either. A set deadline applies for this possible objection (2 or 4 weeks, I don’t know exactly). After that, he tacitly agrees.

For example, we also have the Lechwerke as a neighbor (because there is an electrical hut there and the small piece of land around it belongs to LEW), the building authority informs them as well, and if there is no objection from such an institution, it is considered approval.

Since it took us almost 2 years for our building application (the municipality stubbornly opposed it at every turn, even though the district office as the higher building authority had already issued the building permit long ago), for us, the two to four weeks were no longer decisive anyway. And probably in the end faster than if we had stood in front of the neighbor’s closed door dozens of times.

As I said, I basically understand that he is not thrilled that we are building there, but that’s life. Throughout Bavaria, people are trying to counteract land consumption through infill development. So we are trendsetters.

The plot has a slight slope; originally, we planned to build on his level and make one or two steps up to the old building (my mother’s house). He asked us to keep as much distance from him as possible (he himself built 3 meters to the property line and left plenty of space in front). We didn’t have much leeway, but we have now redesigned the house so that it adjoins my mother’s garage. But this was only possible by building at the height of the old building and thus having to balance the difference to his property by means of a retaining wall or L-walls. That means we have now moved 60 cm further away, but have to support it. Does he like that better??? We don’t know because when we wanted to come to him to talk about it (with prior appointment arrangements), he was never there. I doubt he inspected the plans when the district office asked him to. So it will surprise him...

Otherwise, we will still try to maintain a good neighborhood and, of course, he and his family will be invited to the housewarming party. We also hope for the time factor; that people will simply get used to the new situation. Incidentally, this is the part of his garden that he hardly ever uses anyway. So he will not have our house right in front of his nose while grilling, sitting outside, or chilling, but only when he cuts the lawn there. That should make getting used to it easier.
 

ruppsn

2018-05-15 14:44:58
  • #3
I am slowly really not sure anymore whether there is any regular procedure at all with this whole building application/approval nonsense [emoji6] With us or our neighbors it was actually different. Although it's in Franconia, it formally also belongs to Bavaria [emoji6] At some point we received mail from the district office (LRA), namely about the enforcement of the building laws (for our neighbor). Included was a kind of legal remedy instruction that you could object within 4 weeks (I hope I remember it correctly). In that respect, it should be completely irrelevant to the LRA whether the neighbors’ signatures were given or not. So irrelevant in terms of processing time. That this is probably the case is shown by the comparison of our building permit with that of our neighbors. We collected all the signatures everywhere, they did not get the signatures of said neighbors. Processing time in both cases was exactly the same to the day. By the way, the fact that the LRA always informs [people] was also not true. Our neighbors, for example, were not informed, nor were we regarding the building project of our other neighbor, who had "accidentally" calculated setback distances incorrectly. All three building permits through the LRA, after some specifications of the development plan could not be met. Somehow the usual practice seems to be hardly predictable [emoji6] Waiting 2 years for the building permit really requires strong nerves and patience. Respect for that [emoji1303] Definitely a good prerequisite for dealing with special neighbors [emoji4]
 

Nordlys

2018-05-15 15:41:25
  • #4
They are quite complicated about the signature doodads in Bavaria. Is it like that elsewhere too? In SH you always submit via the municipality to the district, that’s the official route. Either there is a development plan, then the building application is assessed based on that, easy and quick, about 14 days. Or it goes according to §34. Then it becomes a bazaar. But even then they check the basics. Height, distances, floor space index. Holiday apartment? Or not? The neighbor is never involved. Why should they be! Either it’s lawful, then they can’t do anything anyway, or it’s unlawful, then it can’t be, even if the neighbor agrees. Here is one, of course a newcomer, Düsseldorf, it is whispered and murmured, Düsseldorf, very bad, Altbier poisoning, he always imposed construction stops because something didn’t suit him, because he was missing the sun or whatever, the district building authority has now tamed him with the whispered sentence behind closed doors that they look very very closely at everything with people from Düsseldorf and never turn a blind eye... now he is peaceful. There’s nothing like Holstein civil servant souls. Karsten
 

Caspar2020

2018-05-15 15:47:35
  • #5
Helau! After all, we are top-class again

And there is also tasty Killepitsch
 

Climbee

2018-05-15 15:50:31
  • #6
Maybe the idea behind it is to get into conversation with the future neighbor. As I said: you can also submit the building application completely without the neighbors' signatures, then it will take its course. In the interest of future neighborhood relations, I personally do not think it is a bad idea to approach everyone beforehand and present your construction project. If there is something that really bothers the neighbor, you might be able to signal some accommodation through informal channels and then have a better start from the beginning.
 

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