Unknown power earth cable buildable over construction road?

  • Erstellt am 2020-10-04 22:59:02

RockyFranco

2020-10-04 22:59:02
  • #1
Hi, unfortunately we also had a nasty surprise with our building plot. Purchased from a municipality, free of building encumbrances, undeveloped, supposedly without any lines. It is located in an area added later to the development plan. So everything is predetermined, building field area, etc. In our case, there is an approximately 200sqm long strip that represents the access road, and also an area at the edge marked as suitable for garage construction. During the development process, I learned from the energy supplier that an 1kV underground cable runs 80cm deep along the edge of the property. Of course, exactly where the construction road must go, later becoming the access road, and also where garages could (want/should) be built. Furthermore, the supplier’s information: "not buildable over."

Sure, one could say, why not informed earlier... but no one from the municipality knew either. It was apparently laid in the early 90s, and they simply missed it. For me, the situation now is as follows: - Development plan basically invalid because where building is allowed, building is actually not permitted (garage). Compensation? - The garage wouldn't be so bad, I would also put it somewhere else - According to the soil report for the foundation, about 40cm of topsoil must be removed, afterward it is sandy enough. Am I then allowed to drive the vibrating plate 40cm above that for the construction road or what does that mean for building the construction road with an 1kV cable underneath? - On inquiry with the supplier, if I say the cable must be removed – sure, but at my expense – I don’t quite see it like that. It’s not recorded in the land register...

Smells like a huge mess I’ve already requested a lawyer consultation appointment thanks
 

rick2018

2020-10-05 06:03:11
  • #2
Good decision regarding the lawyer. If nothing is entered, I also see it that it will not be at your expense. For the construction road, it does not matter whether there are lines underneath. I would try to have the line either removed or relocated so that it does not affect your development.
 

MayrCh

2020-10-05 12:57:08
  • #3

Really still undeveloped? That would be very advantageous for you, because as soon as your property is developed / connected to a network, it falls under §12 NAV, then it becomes difficult to claim a removal right.
It would also be interesting here how the line has been secured so far. Concession contracts usually only cover areas dedicated to public traffic.


I can’t recall it exactly, but there is a statute of limitations of 30 years. Keep that in mind.


I find that far-fetched, because contaminated sites / archaeological monuments / soil conditions do not directly affect the validity of the development plan.


What does "asked" mean? A friendly inquiry about what may happen with the line, or a written demand to relocate the line at the network operator’s expense? (§1004 Building Code) Is the network operator’s statement in writing, citing the respective legal grounds?
 

Steven

2020-10-05 14:04:22
  • #4
Hello

It was similar for me once. A thick cable went from the sidewalk over a curve slightly over my property. The supplier told me that the cable stays there. Period. I told them that I would hire a company to relocate it and pass the costs on to them. If necessary, through court. Two days later, a construction crew from the supplier came.
And "on the property" does not mean on the property.

Steven
 

MayrCh

2020-10-05 14:42:06
  • #5

Edgy story. Almost too good to be true.
 

RockyFranco

2020-10-05 18:28:48
  • #6
Thanks already for the input. I will get back to you on how it develops.
 

Similar topics
08.01.2014Where do we put the house and garage?10
05.10.2016House placement on the property, ideas sought23
21.04.2015Is a floor plan with a garage feasible on the property?29
13.01.2016Is a 4m driveway sufficient for the garage?13
15.08.2016Property - Building window - Location of house and garage44
20.12.2023Placement of house and garage on plot12
05.10.2017Property / Development Plan / Retaining Walls / Excavations17
18.01.2019Development plan: Garage on the boundary outside the building window53
15.08.2018Basic floor area ratio / floor area ratio for plots without a development plan: How to calculate? Experiences?18
10.02.2020Place house, garage / carport on the property93
04.06.2019Construction road runs on our property10
22.06.2020Neighbor is building a garage deeper than the development plan specifies10
29.10.2020When is land development? Before construction road or after removal51
25.03.2021Leading pipes from the house into the garage14
20.10.2021Alignment of house and garage on the property18
30.01.2022Plot 4500 m² (nursery) - preparation of development plan independently16
29.06.2023Position of garage on property, specification in development plan22
03.08.2024Nice plot of land, but is the development plan too restrictive?21
26.03.2025Orientation of single-family house + garage on west-east plot with street on the west18

Oben