Semi-detached house - who submits the building application first, wins?

  • Erstellt am 2011-12-22 13:25:26

andi112

2011-12-22 13:25:26
  • #1
Hello everyone,

I intend to buy a plot of land. The plot may be developed with a semi-detached house. There is already a development plan for this construction area. The neighboring plot, which must also be developed with a semi-detached house adjoining my house, has already been sold for some time. However, there is not yet a building application for the neighboring plot.

After it was confirmed that I am buying the plot, I submitted a building application for this plot to the city administration. It is currently still being reviewed.

If the neighbor now also decides to submit a building application, do they have to comply with my plans or can they do whatever they want? After all, I submitted the building application first??

And what happens if the city imposes minor changes on my building application?

Thank you in advance for your help!
 

perlenmann

2011-12-22 17:50:33
  • #2
As a layperson, I can only tell you that with us it is just as you say. We were only allowed to deviate backwards (so that from the front both look the same). However, there are also differently built semi-detached houses. That depends, if I am not mistaken, on the development plan. So it’s best to ask the building authority. And yes, first come, first served. I had to enjoy the specifications of a neighbor who is not even the owner anymore....
 

Micha&Dany

2011-12-22 21:55:07
  • #3
Hello Andi

Haven't you talked to your neighbor beforehand yet?
Remember, these are the people you will be living wall to wall with for the next years - rather decades - maybe even the rest of your life...

After the city offered me our plot, the first thing I did was call our new neighbors.
Okay, in our case it was a bit different - our neighbors had owned the plot long before us and had already submitted a building application. Therefore, we now have to adapt to them (same facade).

But as long as both parties are still in the planning phase, you can coordinate wonderfully. If you even manage to find a joint developer, there would be many advantages.

If for some reason I had taken longer with the planning, and suddenly someone else buys the other plot and submits a building application, and then I have to throw all my plans overboard, I would be quite angry...
Not a good start for a neighborhood...

It doesn’t have to come to that - and I hope it doesn’t - but the risk exists.

I would sit down with my neighbors as soon as possible now. As long as nothing is built yet, you can still discuss everything.

Best regards
Micha
 

andi112

2011-12-23 07:55:27
  • #4
Thanks in advance for the answers.

In advance, I tried to contact the owner of the neighboring property - even before I submitted the building application to the city. However, he did not deem it necessary to get back to me after I repeatedly asked his secretary for a callback.

Last resort: building application submitted. A pity, but at some point you have to take action. Unfortunately.
As I have learned, the property owner does not intend to move in there himself anyway but plans to sell the property either built on or undeveloped - so the final - hopefully acceptable - neighbor is not yet determined.

There is a development plan for the construction area that prescribes that semi-detached houses must be built flush.

One more question:
If, for some reason, my building application deviates slightly from the B-plan as determined during the review, and in the meantime the neighbor submits a building application, will my application then be put on hold and not have a prevailing status, or is there the possibility to correct it on short notice?
 

Bauexperte

2011-12-23 09:22:44
  • #5
Hello,


It is said, "first come, first served" - but there is no specially formulated special status or free pass.

You must primarily adhere to the development plan and the textual regulations; your architect should keep this in mind. Deviations can usually only be obtained through an exemption, which also means: you need to coordinate with the neighbor.

Kind regards
 

andi112

2011-12-23 09:50:36
  • #6
Hi construction expert,

unfortunately he refuses to talk to me – just tried to reach him again right now.

What I mean by "minor deviations" is, for example, a height of 6.45m instead of the 6.40m required in the development plan and whether I then have the possibility to correct it without losing the priority status.

Best regards
Andi
 

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