The building authority rejects the building application because the house is planned too far back

  • Erstellt am 2020-09-29 11:44:49

11ant

2020-09-29 15:52:53
  • #1
The authorized plan submitter is to remedy the defect, i.e. request reinstatement to the status before the approval decision and properly position the house within the building window in the newly submitted application. They must be able to do that – architects' fees are partly justified by professional liability. If they now make a mistake and the remedy is treated as a new application with a new submission date and you lose the [Baukindergeld], then they would also have to be held accountable for that. Look at the information on legal consequences / objection period and get married first, then consult a lawyer with knowledge in construction law.
 

guckuck2

2020-09-29 15:59:50
  • #2
Nice theory about liability. In practice, the builder signs the building application exactly like that. I hardly believe that the planner found the position so great; it must have been the builder's wish. Whether only one change (new site plan) is required can be inquired at the office.
 

dynaudio79

2020-09-29 16:56:15
  • #3
We agreed on 8 to 10m back then during the conversation. She then made it 13. So it's her fault. Especially since she didn't get any information from the building authority about how to comply with the building line. There have been problems with her from the beginning and this is now the peak. If we really have to apply again and then can't get [Baukindergeld], then the moon will explode.
 

MayrCh

2020-09-29 17:31:10
  • #4

You as clients also sign off on the BA.



You underestimate the area of tension between rights and obligations in which you as clients operate. If 8-10 m was agreed upon, and you sign for 13, then that is certainly one thing: not solely the planner’s fault.
 

guckuck2

2020-09-29 17:32:56
  • #5


The application deadline has been extended to the end of March. Create a new site plan quickly now and submit it (again). There is still some time until March.
 

11ant

2020-09-29 18:00:24
  • #6
13 meters what - house away from the street? - I can't find any house in your thread history at all (?)
 

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