Finally the plans are ready. From the construction request to the responsible authority and hope this approves the project. Ideally, the neighbors have already agreed and signed the plans. It’s good for the customer. However, neighbors should think twice about whether they really agree. Because they take the opportunity to oppose it.
Some builders are trying to put their neighbors under pressure. For example, they say they have to prove to the authorities that they have already shown them the plans. This is not so. According to Article 66 of the Bavarian Building Regulations, it suffices to indicate whether the neighbors agree, explains Fabian Blomeyer, Managing Director for Law and Administration at the Bavarian Chamber of Architects in Munich: “The proof that the neighbors have received plans for signature are not necessary. “The other Länder have formulated this in the same way in their respective building regulations.
For the builder, the advantages are obvious. The risk of possible contradictions against your project is reduced with each signature. “Those neighbors who have signed lose their right to be able to enforce a violation of the building rules protecting their neighbors,” explains Blomeyer. It also assumes that the building supervisory authority will objectively verify whether the plans comply with current building law. However, it would be considered a positive if all of the neighbors had signed.
A spokesperson for the Munich City Planning and Building Regulation Department confirmed the signatures could tip the scales. But only with tough decisions. It does not affect the objectivity of the employees.
In Munich, on average, one in ten construction projects ends up in court
As building owners try to collect all signatures before getting their building application, residents should think twice before deciding if they want to approve the project. “If there is no development plan for the neighborhood, it may happen that the authorities call on the neighbors before deciding,” said Holger Freitag, trusted lawyer at the Association of Private Builders. Even if she doesn’t, she has to warn the neighbors. “If they have not signed, the authorities must issue the building permit to the neighbors,” says Freitag. Sometimes, instead of an individual announcement, a public announcement is made, for example in the window of the town hall or in the official newspaper. “Contact the building authorities here should be sought to ensure that you are immediately aware of the neighbor’s building permit,” advises Freitag.
It is only when the building permit has been issued that the one-month period for filing opposition begins. The customer cannot avoid it, even if he sends the plans in advance to all the persons concerned by registered mail. If the office even makes errors of form, for example if it omits the instructions on the remedies or does not grant the approval, the time limit is extended to one year. “It’s boring for the builders,” says Freitag.
In Munich, according to the Department for Town Planning and Building Regulation, on average one in ten projects goes to court. However, this number also includes the procedures that builders must follow because the agency has not fully approved the plans. But it is not in all the Länder, as in Bavaria, that the judges should deal with it immediately. Other federal states are still aware of the authority’s objection.
If the builder does not wait for the deadlines or, in the event of a dispute, the final decision, but begins the work, he is taking a high risk. “If the neighbor wins the case with the opposition or the lawsuit, he can, in the worst case, withdraw his house again,” calls the extreme case on Friday. In addition, the neighbors can introduce a “request for suspensive effect of your opposition” to be submitted to the competent administrative court. In other words: as long as the process is in progress, no construction is allowed.
There are always weird cases
“This increases the pressure to find a compromise,” says Freitag. He remembers the 90s. At that time, the administrative courts were faced with a wave of refugees. “It could take five years before a lawsuit against a construction project which followed the unsuccessful opposition is decided”, explains the lawyer.
Blomeyer of the Chamber of Architects also has some bizarre cases, especially in rural areas. “If there are disagreements between previous generations, a signature is sometimes refused for reasons of principle,” he explains.
If the architect has to reprogram, it can take a long time. If it did not originally meet specifications such as spacing spaces, it is not the responsibility of the undersigned neighbor, says Blomeyer: “The builder and architect can be happy to have them. been informed in advance. ” The project may not have been approved. However, he advises if the neighbors do not agree to find an amicable solution. After all, sometimes you live side by side for life, he emphasizes: “A mediation process can be a good approach when there is a conflict.