No construction, as there is no building obligation

: call me at the office after 2:30 PM, email/contact details are on my profile.

Basically, I share BauPaar’s view, I can explain the further procedure in 5 minutes, but I would like to look at two things beforehand, for that I need the exact location description of the property.

Best regards
Dirk Grafe

So, finally we have the necessary facts on the table!

My clear advice: Off to the specialist lawyer for construction law. The few hundred (ask beforehand what it costs!!) for an initial consultation are certainly well invested, then you can decide how to proceed.

I know the procedure of the city from my own experience. Development plan approved but the secured access was missing ==> no acceptance of permit exemptions and no approval of building applications. Unfortunately true.

well, "no acceptance" is probably difficult here, or does it also have to be "officially received"? It has clearly been received by post, the heroes themselves confirmed that...

With us, no entry stamp was simply placed on the exemption = formally not received and the deadline does not run. "Real" building applications were officially "postponed."

Without going into detail now, § 30 of the Building Code regulates the admissibility of projects located within the scope of a valid development plan. A construction project would be permissible, among other things, only if the approval requirements of § 30 I of the Building Code are met. This requires the conformity of the project with the provisions of the development plan and secured access roads.

It should follow that construction without secured access roads is simply not permissible, and therefore the building application will not be processed due to lack of admissibility. A construction project exempt from approval must of course also not be carried out.

Doesn’t look so great for you guys, I’m afraid.

However, it would be questionable whether the (malicious?) lack of consent could be replaced by a court decision. This is where I would rather start.