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Neighbors' rights with a building permit
Neighbors' rights with a building permit

Video: Neighbors' rights with a building permit

Отличия серверных жестких дисков от десктопных
Video: Penalties for building without a permit 2023, February

The neighbors' rights with a building permit are more extensive than often assumed. So you do not have to accept all construction projects tacitly, but can object in certain cases. Read here when this is possible and the consequences of the contradiction.

Your rights as a neighbor with a building permit mainly depend on the respective regional building code. Because the building permit is regulated in the building regulations of the federal states, so there are big differences within Germany. Nevertheless, the builder no longer has to obtain neighboring consent nowadays, because in some regional building codes no formal building permits are required for some buildings. As a neighbor, you can only defend yourself if there is a violation of neighboring protection and public law regulations.

Reasons for the illegality of the building permit

Lack of compliance with the clearance areas

If the regulations for the border development of the state building regulations (for example § 6 BauO NRW, § 5 Nds. BauO) are not complied with, one can appeal as a neighbor. The only exception to this is the narrow-side privilege, which allows deviations from the minimum distance; however, the beneficiary client must set out the requirements.

If an extension protrudes beyond the property boundary, the lawyers speak of a superstructure. If the property neighbor has acted maliciously, he must remove the superstructure. Exception: This only causes minor impairments to the person next to you. If the neighbor acted without intent or gross negligence, you must also tolerate the measure, but you can request a cash pension as compensation - or the neighbor buys the built-up space from you.

Breach of the principle of consideration

When using a property, both indoors and outdoors, consideration must be given to the neighbors. For example, garages or car parking spaces should be placed in such a way that neither the health nor the quality of life of the neighboring neighbor is impaired.

Mauerbau an Grundstücksgrenze
Mauerbau an Grundstücksgrenze

When building a wall on the property boundary, your neighbor should agree.

Photo: Gina Sanders / Fotolia

Level of use

If a building project no longer provides third-party protection due to its degree of use, you can contest the building permit as a neighbor. Examples include exceeding the permitted use of space, the number of apartments, an inadmissible building height or a different design of the roof structures.

Territorial compatibility

If a building contradicts the character of a building area and the neighborhood is unreasonably bothered, the construction project can be fended off. For example, no commercial enterprise may be built in the middle of a pure residential area.

Noise / immissions / exterior design

The external design of garages, driveways or carports can cause further impairments. Unreasonable noise or immissions from cars also fall into this category. However, rigid limits are not set.

Objection to the building permit of the neighbor / legal challenge

If a building permit has been issued, of which you have been informed, you can object as a neighbor within one month. This contradiction obliges the district administration to check the permit.

If you, as a neighbor, have not been informed of the building permit, the objection can be filed within one year. But even if you have not heard of the building permit, the start of construction work on the neighboring property, for example, can be considered as a note. You will then lose your right to object through so-called forfeiture if you do not lodge an objection on time. In addition, the objection in no way means that the construction work will end prematurely. To do this, you must make use of express legal protection.

Inaction of the authority

After receipt of the reason for the objection, the authority should issue a so-called objection notice within three months. If you do not receive a response even after three months, you can file an action for failure to act, which obliges the authority to take a decision.

Judicial express legal protection

If the neighbor has already started to carry out the construction work, you can apply for suspension of execution as a neighbor. Building is paused until the legal situation has been clarified.

What to do if the building is already erected?

Even if the building is already standing, the neighbor still has some options to appeal. As soon as a building has been erected in violation of building law, it is possible to obtain an official order as a neighbor. This will then shut down the construction site. This is possible, for example, if the fire protection regulations are not complied with.

In addition, the neighbor can oblige the authority to prohibit use if the type of use of the building does not fit into the existing construction area.

Demolition order and dismantling order

In some cases, as a neighbor, you can also oblige the authority to intervene with the building authorities. If there is a serious violation of the law, the court can decide in favor of the neighbor and, for example, bring down a house wall or even demolish certain parts.

Together against large construction projects

Are you having problems with big projects such as building a road, a factory or a clinic? Get mobile in the planning approval process or the immission control process. Otherwise you run the risk of later being excluded with your rights.

Power of the group: Since you can often do little as an individual, join together in a group - for example in a citizens' initiative. Find a lawyer who is well versed in administrative law as a spokesman. Possible activities are signature collections, information stands at the weekly market or protest rallies.

It is worth fighting: involve politics and the public. By contacting political decision-makers - MPs, Mayors and Council groups. Also inform the press and arrange for broadcasts on local channels. Whether you succeed with these actions depends on the level of political pressure you are exerting. You may be fighting to the Federal Administrative Court. It is worthwhile to get involved, because some building permits are illegal.

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