ᐅ Curfew: Am I still allowed to go to the construction site in Bavaria?

1. If you already own the building plot, no one can forbid you from going there. It’s like going out into your own garden. Nobody can prohibit that.

2. As the builder, you legally bear significant responsibility towards others – including construction helpers and employees of the construction company. I won’t go into detail here. That’s why you have both the right and the obligation to inform yourself and to check on these matters. The builder must also be held accountable for this.

3. Freedom of movement is enshrined in the German Basic Law. That’s why Bavaria issued this “regulation.” The Basic Law generally takes precedence over everything else. For this reason, the government will issue changes tomorrow to legally override this clause.

P.S. I would recommend going to the site only after the construction work is completed, not touching anything, or wearing disposable gloves.

Best regards,
Hias

Touching is not an issue, but wearing gloves is advisable anyway.

ypg schrieb:

Your argument is flawed on every level.
Your money or the house construction is of little concern here. An inspection by a non-expert like a homeowner is also questionable.

A BUILDING STOP is an official administrative measure when guidelines and regulations are violated and requires action from the authorities, not complaints from a nagging homeowner.

You always need the gold standard. What I mean is: if, as a homeowner managing individual contracts, I am no longer allowed to check whether the contractors are doing what they were hired to do, then I say: hold on guys, you can work on other sites for now, but mine only when I can be present again.

nordbayer schrieb:

Everything sounds pretty relaxed here. Even visiting and riding the horse is allowed.

Even? For horses kept in stables, it is vital that they get regular exercise. Unfortunately, not every stable has enough pasture area to turn all animals out, otherwise no one would need to come for riding.

Niederbayer schrieb:


1. If you already own the building plot, no one can forbid you from going there. It’s like going out into your garden. Nobody can prohibit that.
2. As the property owner, you legally carry significant responsibility towards others, including construction helpers and employees of the construction company. I won’t go into detail here. Therefore, you have both the right and the duty to inform yourself and to supervise accordingly. The property owner is ultimately accountable!
3. The German Basic Law guarantees freedom of movement. That’s why Bavaria issued this “regulation.” The Basic Law usually takes precedence over everything else. For this reason, the government will issue amendments tomorrow to legally override this clause!

P.S. I would simply go there after the work is completed, do not touch anything, or wear disposable gloves.

Regards,
Hias

Fundamental rights can be restricted under legally regulated conditions, for example, through the Infection Protection Act. Please read up on this.

Nevertheless, there is nothing against visiting the construction site, especially if no one else is there. Laws, regulations, and orders can be interpreted in different ways. One approach is to understand the intention of the “maker.” The purpose is to avoid social contact. As long as no social contact occurs, I would consider visiting the site as not a serious issue. A topping-out ceremony, however, is a different matter.

Joedreck schrieb:

Fundamental rights can be restricted under legally regulated conditions, for example through the Infection Protection Act. Please read up on this.

Nonetheless, there is no objection to the construction site, especially if no one else is there.
Laws, regulations, and orders can be interpreted in various ways. One approach is to understand the intention behind the “creator.”
The reason is to avoid social contacts. As long as no social contacts occur, I would consider visiting the construction site as not significant.
A topping-out ceremony, however, is a different matter.

Question:
Why then do amendments have to be made by the Bundestag tomorrow for a proper curfew to be legally effective?

My advice is to wait and keep calm!

Niederbayer schrieb:

Question:
Why do amendments need to be made by the Bundestag tomorrow for a proper curfew to become legally effective?

My guess is to wait and see!

So, is the Bavarian curfew then not “proper” or effective? Interesting legal interpretation... tomorrow’s issue is something quite different... namely the consolidation of powers within a federal system.