Obtain a demolition order against yourself?

  • Erstellt am 2017-07-14 09:27:16

apokolok

2017-07-14 13:26:48
  • #1
I mean, the authority is wrong. See the following excerpt from the BayBO:

Projects exempt from procedures (Art. 57 para. 5 sentence 1 BayBO)
Neither a building permit procedure nor a permit exemption procedure must be carried out when removing:


    [*]structural facilities that may be built or altered free of procedure (Art. 57 paras. 1 to 3 BayBO)
    [*]detached buildings of building classes 1 and 3 (Art. 2 para. 3 nos. 1 and 3 BayBO)


Projects requiring notification (Art. 57 para. 5 sentence 2 BayBO)
For all other facilities, the intended removal must be notified to the building regulations authority one month in advance; the following must be submitted:


    [*]a site plan at a scale of 1:1000 marking the object to be demolished
    [*]for buildings of building class 2, confirmation from a structural engineer on the stability of the building to which the building to be demolished is attached
    [*]for other non-detached buildings, a certificate from an expert inspector on the stability of the building to which the building to be demolished is attached


A confirmation or certificate is not required if the attached building is procedure-free.

One week before the start of demolition, a demolition commencement notification must be submitted to the building regulations authority.

Accordingly, the demolition would not require approval; you only need to submit the demolition commencement notification.
 

KingSong

2017-07-14 14:07:50
  • #2



Yes, according to this text, I must provide a certificate of structural stability for the barn, and exactly this will not be possible.
 

KingSong

2017-07-14 14:16:58
  • #3


Yes, I share that concern, which is why I think I will approach the whole thing slowly through a lawyer, and I hope they can’t just demand repairs like that; hopefully, a bit of cost–benefit analysis or economic viability will play a role.
 

apokolok

2017-07-14 14:22:22
  • #4
A confirmation or certification is not required if an extension is built onto [verfahrenfreie Gebäude].
 

Escroda

2017-07-14 14:29:28
  • #5
Before going to the lawyer, I would investigate this again. I have not checked the regulations that applied in Bavaria at that time; in NRW, a division permit would have been required then as now, which under the given circumstances would only have been granted with conditions (demolition or consolidation obligation). Since when do you own the property? Are there any encumbrances recorded in the land register? Who initiated and carried out the division?
 

KingSong

2017-07-14 14:41:59
  • #6


But there is no extension being built, the property is meant to be sold, and it sells better unbuilt.



The entire property belonged to my grandfather back then. When he passed away, it went in equal parts to his two children (one of them my father), the brother of my father quietly and secretly sold his half to the neighbor.

There are no encumbrances in the land register, the division was done back then upon inheritance.
 

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