Prerequisites to obtain a construction stop - experiences / tips

Thank you very much for the contributions

No, that would be too much.
Neighbor comes to the building authority and says he measured the distance, and he gets 2.88 instead of 3 meters.
That must be verified first... he can say a lot, what he measured by moonlight. The building stop is an official measure, you don’t take it lightly!

That sounds quite positive. So completely unjustified inquiries do not immediately result in a building stop

Google is your best friend
I probably used the wrong search terms. Thanks for the hint.




Source: Musterkanzlei Info

So completely unjustified requests are not immediately a construction stop

Neither does the building authority manager want to be transferred to the registry because of your nasty neighbor, nor does the mayor feel like facing your liability lawsuit. How do you come up with such a strange question: did a neighbor threaten that you will regret the building permit?

Neither does the head of the building authority want to be transferred to the registry because of your nasty neighbor, nor is the mayor keen on your liability lawsuit. How do you come up with such a strange question: did a neighbor threaten that you would regret the building permit?

Well, if I look at how construction projects are sometimes reacted to around here, the OP’s thought is not unreasonable – see my example of the demolition stop due to asbestos, which also came from a neighbor who, knowing full well that no asbestos was installed there, went to the building authority. Unfortunately, nowadays people communicate directly with each other far too rarely. Our new neighbors were quite surprised (in a positive way) when we came by and introduced ourselves and our construction project before starting and discussed it with them. I can only recommend everyone to take this route, because in case of doubt you will have to deal with each other for many years and possibly depend on each other’s favor – so a good start is simply the most important thing. As a rule, many are not even bothered by the construction itself, but simply by the fact that they were not asked/involved beforehand. You can always adjust small details for the neighbor’s sake – that usually has no disadvantages for oneself but a great effect on the neighbor.

see my example with the demolition stop due to asbestos, which was also caused by a neighbor who, knowing full well that no asbestos was installed there, approached the building authority.

And the affected parties do not know that you can sue authorities? - if a principle of proportionality is violated and/or the nonsense of a third party is uncritically adopted, it can be an expensive matter for the authority - administratively, civilly, and criminally. A civil servant is personally responsible for his actions; he is not allowed to commit criminal acts even on "instruction." Damaging someone else’s property belongs to this. Unfortunately, many taxpayers believe they have to accept every stamp.

11ant is absolutely right here. We are always required, before we take action and ultimately even become sovereign authority, to form our own picture. You really have to go there, away from the desk.

And those affected don’t know that you can sue authorities? - If a principle of appropriateness is violated and/or the nonsense of a third party is adopted without examination, it can be an expensive affair for the authority – administratively, civilly, and criminally. An official is personally responsible for his actions; he is not allowed to commit criminal acts even under “instruction.” Damaging another’s property belongs to this. Unfortunately, many taxpayers believe that they have to accept every stamp.

I have to honestly say, I don’t know how it ultimately proceeded in the legal follow-up.
Long story short: Unfortunately, as a builder, you are not always involved. Trouble and scorched earth are quickly generated – regardless of whether legally justified or objectively understandable in any way. Unfortunately, there are this kind of neighbors, and unfortunately, the authorities sometimes seem to at least partially play along. Even if the authority does not cooperate: you still have “half” the trouble and a bad feeling. It is not uncommon in this region that even for developments compliant with the development plan, there is trouble with the neighbors in this regard – partly because the existing buildings differ in style and size from the newly approved buildings according to the development plan. The architecture of 1960 vs. 2018 differs in many places.

The only way I see to somewhat defuse the situation from the outset is to proactively approach the neighborhood. Especially if you have a plan that can be approved or is even covered by a development plan, as a builder you really have little to lose. On the contrary, 95% of the neighbors will react positively to it. Even if they ultimately had no say – it at least gives them the positive feeling of having been included.