Zaba12
2017-07-03 12:21:21
- #1
Hello everyone,
first of all, I only need an assessment of the situation, whether I am the fool here and have misunderstood something or whether the building authority does not know its own wording. So this is not meant to be legal advice from your side.
The text statute of the development plan states: ****An embankment of the terrain to the building to manage height differences is possible. Slopes and retaining walls (also on the boundary) are permissible up to a height of 0.6 m. Slopes and retaining walls exceeding this may exceptionally be permitted, provided the consent of the directly affected neighbors is obtained. However, a site plan must be submitted, clearly showing both the necessity and the urban design impact.****
I have now created a first draft with my architects (1.55m L-sides) with the note that we still want to obtain the neighbors' consent.
The building authority's only response to this is that only 0.6m L-walls are permissible and nothing higher will be approved. **That would leave me without a single straight piece of property**
So you can imagine that I was completely taken aback.
I read the paragraph as follows: If I have the consent of my neighbors, I can build L-walls as high as I want, as this is the only prerequisite to do so (and I have to submit a plan - but here too, nothing is said about the plan requiring approval).
However, if one of the neighbors does not agree, I have to stick to the 0.6m. Which is fine.
If the building authority does not adhere to its own wording in the development plan, I would have to clarify this legally.
What is your assessment?
first of all, I only need an assessment of the situation, whether I am the fool here and have misunderstood something or whether the building authority does not know its own wording. So this is not meant to be legal advice from your side.
The text statute of the development plan states: ****An embankment of the terrain to the building to manage height differences is possible. Slopes and retaining walls (also on the boundary) are permissible up to a height of 0.6 m. Slopes and retaining walls exceeding this may exceptionally be permitted, provided the consent of the directly affected neighbors is obtained. However, a site plan must be submitted, clearly showing both the necessity and the urban design impact.****
I have now created a first draft with my architects (1.55m L-sides) with the note that we still want to obtain the neighbors' consent.
The building authority's only response to this is that only 0.6m L-walls are permissible and nothing higher will be approved. **That would leave me without a single straight piece of property**
So you can imagine that I was completely taken aback.
I read the paragraph as follows: If I have the consent of my neighbors, I can build L-walls as high as I want, as this is the only prerequisite to do so (and I have to submit a plan - but here too, nothing is said about the plan requiring approval).
However, if one of the neighbors does not agree, I have to stick to the 0.6m. Which is fine.
If the building authority does not adhere to its own wording in the development plan, I would have to clarify this legally.
What is your assessment?