Possibly unjustly charged development costs by the municipality

Hello everyone,

about two years ago we bought a plot of land where the building permit has now been approved and the first groundbreaking has taken place.

First to the facts:
The plot is 50m down a side street where there was no sewer or water connection.
When asking the municipality, they said at the time that the plot is considered developed for us and all connection fees for the plot had already been charged.
However, the building permit was issued under §35 building in the outer area, which basically means it is not officially a building site and we have now also had the sewers and water pipes specially installed to the plot.

Now the question is, do you think the municipality has to refund us the fees paid for the supposedly developed plot, which they already charged?

Regards, Marvin

First of all, the facts: The property is 50m in a side street where there was no sewer and water. When asked at the municipality, it was said at the time that the property was considered developed for them and that all connection fees for the property had already been charged. However, the building permit was issued under §35 building in the open countryside, which basically means it is not an official building plot, and we have now also had the sewers and water pipes specially laid to the property.

I do not see as open countryside, insofar as according to your illustrations there the property is surrounded by continuous settlement and there is even neighboring development directly on the opposite side of the street.

Development can only be established and charged once. But this is more a matter for a specialist lawyer than for forum discussion.

1. In your old thread it says that you still have to pay for the development. Why should that be different now? 2. There is a difference between a secured development being required in the 34 area and an adequate development in the 35 area. These are, especially in the 35 area, individual decisions as to when the development is adequate. It could be the case for you, for example, that "only" the connection to your property still needs to be made. But then at your expense, since the municipality has already provided the adequate development. 3. The issue of development is a mandatory point for every property buyer in a purchase contract. What has been regulated and determined there? 4. You surely have the municipality's statement regarding the development as a legally secure written statement. What exactly does the municipality's letter say? 5. Personally – only based on your very rough description – I see absolutely no reason why the municipality should reimburse your costs. Otherwise, legal advice from a specialist lawyer.