Obtain a demolition order against yourself?

  • Erstellt am 2017-07-14 09:27:16

KingSong

2017-07-14 09:27:16
  • #1
The following situation, we still own a plot of land on which an acutely dilapidated 500-year-old Jura house with an attached barn stands. There is no heritage protection. It has been uninhabited for 20 years. The plot was divided 20 years ago and the boundary runs right through the barn. Now we want to sell our half (the developed part on which the house stands). There are enough buyers, but the owner of the other half does not want to sell and also does not agree to the demolition of the barn. A partial demolition is out of the question because this would require a building application for the barn, which is impossible from a structural engineering point of view. Thus, the stubbornness of the neighbor prevents any use of the property. The residential house on our side is about 1m from the public road. As a last desperate solution, I am now considering issuing a demolition order against myself due to danger to life and limb, as the house and barn could collapse at any time. This would then clear the way for a sale.

- How difficult is it to obtain such an order?
- Can I as an owner even initiate such an order?
- What is the best way to proceed?

greetz
 

Nordlys

2017-07-14 09:32:02
  • #2
Please talk about the case with the local regulatory office, or local building authority, depending on how your municipality is organized, often combined in small administrations. Describe the case, and say what you are planning.... they have to initiate it. Karsten
 

KingSong

2017-07-14 09:36:16
  • #3
Should I seek legal advice beforehand? I fear that the building authority will say no because of the better sales opportunity after the demolition.
 

Nordlys

2017-07-14 09:37:42
  • #4
Why should they? They surely want the eyesore in the town to disappear. K.
 

KingSong

2017-07-14 09:40:45
  • #5
I am not so sure about that.... we have already inquired about demolition once, a demolition of the entire property would be possible without a building permit, but only with the consent of the other owner.
 

kaho674

2017-07-14 09:41:11
  • #6
Is development unwanted by the municipality?
 

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