Hello,
He did write that his buddy has already presented himself there and his request was treated negatively. What’s the point in constantly bothering the ladies and gentlemen of the building authority?
None of us knows in which "tone" he approached the official. By the way, no one is "bothering" the caseworkers there; it is their job to answer questions from potential builders to the best of their knowledge and belief!
By the way: It is not the official / employee of the building authority who decides, but the municipal council / city council / district council. Accordingly: even if the employee is against it, the council could be in favor and he is allowed to build. The opinions of the building administration and the municipal council do not always agree.
That would - from my experience so far - be the first time that the superior authority discredits its employees. It can only look different if good connections ("Vitamin B") exist in politics. But even this "support" has its limits ... even in Bavaria.
But he only finds that out when he submits a building inquiry / building application. If this is then rejected, he can / must appeal to the higher authorities. Therefore my tip: submit a building pre-inquiry and see how the responsible municipal council stands on the whole thing!
Do you even have a rough idea how long it takes to challenge an existing development or land-use plan? And - just from my professional experience: in the end it usually turns out like the Hornberger shooting ... only with a time delay of up to 5 years. I will leave the costs of this hobby aside for now.
I am not talking in vain about always trying to have a conversation. The mentioned 2 houses, which according to the original poster are not listed in the cadastral extract, can also be unauthorized buildings ("black constructions") that may stand under penalty ... or an official has overstepped ... or, or. That by no means means that a transferable right can be derived from this.
I currently have a case where the neighbor clearly built over his boundary several years ago, allegedly in collusion with an official of the building authority. If you now believe that he has to rebuild, you are being fooled. At first, our clients would have had to bear the consequences of this collusion; meaning the new building would have had to maintain a greater boundary distance. Only through repeated personal talks by our architect did the responsible head of the building authority come up with the idea to change the existing development plan within the framework of a change of use on his own responsibility (the new building is now planned at the other end of the property). We are now submitting the building application with the consequence of ending up in an expedited decision of the competent administrative court, since the lawyer of the said neighbor is no joke; the man certainly needs money. Our "luck" in this is that the building authority is completely on our side, their in-house lawyer has clarified the legal situation and is accompanying the process. Without their support, I see no future for the planned building project. And if we had treated them like second-class people in advance - as is often assumed in public opinion - do you think they would support our clients? They also bear the risk of the trial in case of refusal.
So always stay charming and treat the people in the offices as you would like to be received yourself. After all, you meet twice in life And do not necessarily assume that your own view of things will also correspond to the later jurisdiction.
Rhenish greetings