Unclear clause in the development plan but authority does not answer questions

  • Erstellt am 2023-08-10 04:40:54

11ant

2023-08-11 22:04:07
  • #1

More correct: ~ the narrow roof surfaces (a gable roof does not have hips).

In case of doubt, I would argue as an architect or client with the construction and the visually dominant part of the "roof genome." And until the hipped part dominates in a clipped gable roof, you need a pretty massive farmhouse.
 

ypg

2023-08-11 23:58:11
  • #2
Wrong. Nothing has to dominate at all. You are on the wrong track! Let me tell you that! And if not, then not. But it doesn't change anything.
 

xMisterDx

2023-08-12 01:01:22
  • #3


No. Wrong does not become right just because an overwhelmed official stamps it.
You can see that again and again when a higher instance overturns or at least corrects judgments.

Everything else does not matter. If I run a red light at 3:00 a.m. because there is no one around... and get flashed... it also harms no one. But I am not allowed to.

Let there be a neighbor who is anyway dissatisfied and bored.

Is a crippled hip roof a subspecies of a hip roof? Like a dachshund is a dog? Or is it a fox?
 

11ant

2023-08-12 10:41:53
  • #4
In a constitutional state, even a faulty administrative act becomes legally binding after the objection period expires. And even within this period, an opponent must have standing to sue – in the case of the neighbor, their status as a neighbor counts regardless of their boredom. A competent administrative court is responsible, which neither on its own would hold an Armageddon nor appoint a public prosecutor, and even then a faulty administrative act would not be an official offense requiring ex officio investigation. Such an error by the building authority would thus be quite quickly in practice "time-barred." A dog is a living being with feelings, and accordingly a dachshund looks pretty forlorn when you deny it its dog nature. A hip roof is a thing. If the bored neighbor from your example appeals to the administrative court within the objection period, the responsible presiding judge there is more often a man and will rule according to the technical facts than it would be a female judge who, like Yvonne, visually sees me sitting in the wrong movie.
 

Apolyxo

2023-08-14 17:32:40
  • #5


Yes, I do.



No, that is not enough. The contested decision must furthermore violate the neighbor's rights. Merely being a neighbor is not sufficient here.

VG Aachen, judgment of 08.11.2021 - 3 K 844/16

 

11ant

2023-08-14 18:00:16
  • #6

Of course, this characteristic alone is not sufficient - but it is required in order to even advance into the distinguished circle of those entitled to sue. The degree of his boredom, however, is absolutely irrelevant.
 

Similar topics
31.08.2016Estimate of construction costs for a single-family house with double garage and hipped roof51
31.08.2018Front view city villa, hipped roof or tent roof?16
11.10.2019Bungalow with hipped roof – Is roof conversion sensible?21
21.08.2017Hipped roof - ideal slope?20
08.04.2018Floor plan 2 floors and hip roof59
25.06.2018New construction 220 sqm city villa with hipped roof, 2 full floors53
05.11.2018Single-family house design 250 m², 2 full floors with hipped roof70
15.04.2019Another hipped roof city villa (240 sqm)164
23.07.2020Bungalow floor plan 140 sqm (hip roof)34
09.05.2021Shed roof or rather hip roof for a bungalow?35
19.07.2021Floor plan design - Townhouse with hipped roof 10x12m25
16.01.2022Remove the gable roof and construct a hip roof, flat roof, or shed roof23
12.04.2022Expansion of the attic in a hip roof as a basement replacement28
27.06.2025Photovoltaic Consultation: 45° Gable Roof North/South34

Oben