No construction, as there is no building obligation

  • Erstellt am 2015-02-23 20:13:59

DG

2015-02-26 10:21:19
  • #1


That is not correct. I can submit applications as much as I like and no matter how nonsensical they may be – the authority has to acknowledge receipt and also decide in writing and with reasons within the deadline even about the biggest nonsense.

It should also be noted here that the authority can transfer the development to a third party by contract – but does not have to. Basically, it is responsible for the development; if no contract with a third party is concluded that is reasonable (a nice legal broad concept), the authority/municipality is again obliged to carry out the development.

If an authority plays "refusal to accept," one should ask what interest the authority has in this!? If it can reject the application with reasons, that can be done in a few days. Standard letter with the corresponding paragraphs and back to the applicant. This way, the authority's rationale is in writing and thus ... contestable. The refusal to accept only serves the purpose of not initiating the process. This only makes sense if the authority suspects that the application is fundamentally approvable, but (financial) disadvantages arise for the authority/municipality.

Best regards Dirk Grafe
 

Bauexperte

2015-02-26 10:44:47
  • #2
Hello,


Complete demolition is only insisted upon in rare cases. In reality, a hefty fine is more likely.

Rhenish greetings
 

klblb

2015-02-26 11:15:22
  • #3


5th option: Have it delivered by a bailiff. This gives the 3rd option even more legal certainty. Costs about 20-30 EUR.
 

EveundGerd

2015-02-26 14:00:57
  • #4


Trust but verify, and the rare case occurs. I do not like the idea of illegal construction. It only causes trouble.
 

PieWie

2015-02-26 16:07:12
  • #5


First of all, thanks for the help on the phone yesterday. I have been forbidden from using the excavator. But the appointment with the lawyer is set. Let’s see what advice he gives me now.

@everyone

What simply baffles me is why a construction project is being blocked like this. I have gone through countless pages and can’t find a comparable example! Often it’s about right of way and such, but never about a suspension because something has to “look pretty.” I truly understand every objection when it is about safety or right of way. Such things must be sensibly regulated. But here it’s about a 2.5 m high dirt mound extending 200 m along a country road. Around it there are basically only fields, and any vegetation contributes to the preservation of this embankment or additionally ensures that it doesn’t slip.

What does it bother a driver if bushes, ground cover, grass, or weeds are growing on the embankment?

And furthermore, what would have happened if I didn’t know the seller? I would never have learned about the construction obligation since my property isn’t subject to one! Only the properties on which the embankment stands receive a registration.

I really expected a lot, especially during the construction. But that I wouldn’t even get started because of a nonsensical dirt mound, I would never have dreamed.

As I said, for me this is worthy of a movie. After the lawyer talk, I will call Steven Spielberg and ask what he pays for my story.
 

PieWie

2015-02-26 17:13:56
  • #6
Sorry for the multiple posts. The page did not accept it the way I wanted.
 

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