Regulations for the routing and access of construction site vehicles

Hello,

we have been granted the building permit. We have a plot of land that is located in the second row. Through a 3.5 m wide strip of land, which is also in my possession, we get to the street. The special thing about us: There is also a footpath and forest path (a gravel path) along our property as a second access. The path is publicly owned. Utilities such as electricity, water, and telecommunications are also located there. Our neighbors, who also built in the second row, were able to connect via this path (the way is simply much shorter). The neighbor who built and connected most recently did so in 2006. The connection path to these utilities is so much shorter that it simply makes sense to connect there. The municipal utilities also recommend this, as their statement is attached to the building permit. Technically, there therefore seems to be no obstacle.

Nevertheless, I am required to route the lines via my private path. Reason: None. I am now wondering what I can do. I called the municipal utilities, and the lady said she will take care of it and clarify it with the city. At least I want to wait for that before I call the city myself. If everything turns out negatively, what can I do then? After all, there are precedents and nothing speaks technically against it. This whole thing is, of course, a real cost driver if I have to connect from the front.

The next problem with the city has less to do with the building permit. Although I have a 3.5 m wide private access from the public street, construction vehicles (I am building a prefabricated house) cannot get around there. I already knew that in advance. For that reason, I wanted to use the second access (the above-mentioned footpath and forest path). The neighbors who built in 2006 also did it that way. I have pictures from that construction project showing a truck driving along the path and a large crane standing on that path. That is why it was always certain to me that we would be allowed to do that as well. No such luck. I recently talked to the civil engineering office. One person said it would be no problem to use the path. Then someone else from the civil engineering office called me back, yelled at me, and said that the path is not made for that purpose and that he does not approve the access for the construction vehicles. Well, the opinion of an individual. Theoretically, I would have to submit an application, but I do not even know the exact date when I want to use the path. I do not know how to proceed here. Somehow, both points (the one with the building permit above and the one with the access for construction vehicles) feel arbitrary. Do you have any tips for me on how to proceed best?

Offices have hierarchies and are bound by rules. Have your lawyer call the building departmentleiter and politely point out the "discretionary obligation," as your request is similar to those that were granted (however, if this was several years ago, legal foundations may have changed in the meantime).

That is really the hammer method then. Are there no other options? I do not (yet) have a lawyer and my private legal protection probably will not cover it.

-> however, if that was a few years ago, the legal foundations may have changed in the meantime
If there were a change, it could have been quoted. I talked at length in advance with the caseworker from the building authority, he did not mention it, and I also talked at length with the caseworker from the civil engineering office who gave me a hard time. He did not mention any change in the legal basis....

Hello again,

the first point is more or less settled: the municipal utilities, who have an interest in a short pipeline route, have clarified with the office that we will receive an offer from the municipal utilities for the short route. However, the office will not change the text in the building permit, even after a lawsuit. The office clerk conveyed this to the municipal utilities.

As I understand it, it is tolerated but not permitted. I am now wondering what consequences this might have.

The second point regarding the construction site access is still not clarified. I wanted to clarify the connection point first, now the construction site access is next. For this, I would have to submit an application, but I do not yet know the exact date when we will need the permit for the construction site access. How can one proceed sensibly in this case? Ultimately, the office decides how the house can be built, and if they obstruct, I have to lift twice (once the prefabricated house, once the basement) over the neighboring house. That is not proportionate...

Didn't you secure with a preliminary building inquiry that you are actually allowed to build on the theoretical building plot?

I didn't have that. But I am allowed to develop it. After all, it is an existing residential area with a building gap. I have received the permission to develop it. Now it is about the construction site access.

I am supposed to direct the construction vehicles from the official road via my private road. It should be clear that this is not possible with a 3.5 m wide private road. It was exactly the same with the neighbor: he simply used the second access, which I am now (according to the statement of an official from civil engineering) not allowed to use.