ᐅ The building authority rejected the construction application because the house was planned too far back on the lot.
Created on: 29 Sep 2020 11:44
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dynaudio79
Hello everyone.
The bad luck with our house project just doesn’t stop.
Today, after 3 months, we finally received the notice for a hearing from the building authority.
The house exceeds the rear building line by nearly 2 meters (6.5 feet).
Unfortunately, the woman at the office won’t be back until Thursday.
What options do we have now?
Is it possible to simply move the house forward, or does everything need to be reapplied for?
We are getting married on Thursday, and this really hits us hard.
Best regards
The bad luck with our house project just doesn’t stop.
Today, after 3 months, we finally received the notice for a hearing from the building authority.
The house exceeds the rear building line by nearly 2 meters (6.5 feet).
Unfortunately, the woman at the office won’t be back until Thursday.
What options do we have now?
Is it possible to simply move the house forward, or does everything need to be reapplied for?
We are getting married on Thursday, and this really hits us hard.
Best regards
The authorized plan submitter should correct the defect, meaning they need to request reinstatement to the status before the approval decision and properly position the house within the building envelope in the re-submitted application. They are expected to be capable of this—architects' fees are partly due to their professional liability insurance. If they make a mistake now and the correction is treated as a new application with a new submission date, causing you to lose the child construction grant, they would also be liable for that. Check the legal consequences notice / objection period carefully, and get married first; after that, consult a lawyer with expertise in construction law.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Nice theory regarding liability. In practice, the client signs the building application as well. I hardly believe the planner was that enthusiastic about the design; it was probably the client’s request. Whether only one amendment (new site plan) is required can be clarified with the authority.
dynaudio7929 Sep 2020 16:56We initially agreed on 8 to 10 meters (26 to 33 feet) during the discussion. She then changed it to 13 meters (43 feet). So this is her mistake. Especially since she didn’t obtain any information from the building authority regarding how the building line must be observed. There have been problems with her from the start, and this is the breaking point. If we really have to apply again and then don’t receive the child benefit for homebuyers, it will be a disaster.
dynaudio79 schrieb:
We initially agreed on 8 to 10 meters (26 to 33 feet) during the discussion. Then she changed it to 13 meters (43 feet). As the clients, you also sign the construction contract.
dynaudio79 schrieb:
So, it is her mistake. You are underestimating the complex balance of rights and responsibilities you face as clients. If 8–10 meters (26 to 33 feet) were agreed upon and you sign for 13 meters (43 feet), then this is certainly one thing: not solely the planner’s mistake.
dynaudio79 schrieb:
We originally agreed on 8 to 10 m (26 to 33 feet) during the conversation. Then she made it 13 m (43 feet).
So that is her mistake. Especially since she didn't get any information from the building authority about how strictly the building line must be observed.
There have been problems with her from the very beginning, and this is now the peak.
If we really have to reapply and then don't qualify for the child benefit for homebuyers, that will be a disaster. The application deadline has been extended to the end of March.
Prepare a new site plan quickly and submit it (again). There is still some time until March.
dynaudio79 schrieb:
At the time, we agreed on 8 to 10 meters (25 to 33 feet) during the discussion. Then she changed it to 13. 13 meters (43 feet) to what – the house set back from the street? – I can’t find any house in your thread history (?)
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/