Hello,
I need to provide some background to make the situation somewhat understandable.
Our plot is part of a heritage-protected park, which also includes an old villa from the late 19th century. Since the entire property was too large and therefore unsellable, the previous owner had it divided. The part with the villa was sold to our neighbor, and for the other plot, a building feasibility inquiry clarified whether (and under what conditions) construction would be allowed. We have now purchased that plot, slightly adjusted the concept (changed from two stories to a bungalow, but with the same footprint), and submitted the building application.
It has been quite a back-and-forth process. The heritage protection authority was involved, and the city also raised objections. Finally, after about nine months, we received the building permit.
In the meantime, we also spoke with our neighbor and found out that he was not very happy that any construction was allowed here at all. Apparently, he was unaware of the heritage-related restrictions when he bought his property; we provided this information to him—after all, we want to be fair.
Construction has now started, but our neighbor directly contacted me, saying he was unhappy with the building’s location because it does not align with the sightlines indicated in the park assessment. He had created a pathway across his part of the park that had to be removed following objections from the heritage authority, and he insists that equal rules should apply to everyone.
The proposed sightline is, admittedly, only visible with a lot of imagination, but it does not affect his view (we are not right in front of his windows). According to the site plan, we are exactly aligned with the overlapping-plan design.
What is the worst-case scenario here? We can’t simply rotate or move our building a little, or cut off a corner, can we? Can the approved building permit be revoked even though all relevant authorities have been consulted and we strictly comply with the plan?
I’m very tempted to ask what exactly his problem is. We are not responsible for his unauthorized path not being approved. We did not report him; heritage protection authorities discovered it on their own. Likewise, we are not responsible for having a building permit here. If he wanted to have the entire park in his view, he should have bought the entire property.
We actually want to maintain harmony, especially since we rely on each other and could quickly resolve some problems through discussion instead of conflict. But at the moment, this does not look like a good start.
We will be consulting with our architect today before responding. But the question remains—what can actually happen? Further delays will eventually become a problem for us 🙁
I need to provide some background to make the situation somewhat understandable.
Our plot is part of a heritage-protected park, which also includes an old villa from the late 19th century. Since the entire property was too large and therefore unsellable, the previous owner had it divided. The part with the villa was sold to our neighbor, and for the other plot, a building feasibility inquiry clarified whether (and under what conditions) construction would be allowed. We have now purchased that plot, slightly adjusted the concept (changed from two stories to a bungalow, but with the same footprint), and submitted the building application.
It has been quite a back-and-forth process. The heritage protection authority was involved, and the city also raised objections. Finally, after about nine months, we received the building permit.
In the meantime, we also spoke with our neighbor and found out that he was not very happy that any construction was allowed here at all. Apparently, he was unaware of the heritage-related restrictions when he bought his property; we provided this information to him—after all, we want to be fair.
Construction has now started, but our neighbor directly contacted me, saying he was unhappy with the building’s location because it does not align with the sightlines indicated in the park assessment. He had created a pathway across his part of the park that had to be removed following objections from the heritage authority, and he insists that equal rules should apply to everyone.
The proposed sightline is, admittedly, only visible with a lot of imagination, but it does not affect his view (we are not right in front of his windows). According to the site plan, we are exactly aligned with the overlapping-plan design.
What is the worst-case scenario here? We can’t simply rotate or move our building a little, or cut off a corner, can we? Can the approved building permit be revoked even though all relevant authorities have been consulted and we strictly comply with the plan?
I’m very tempted to ask what exactly his problem is. We are not responsible for his unauthorized path not being approved. We did not report him; heritage protection authorities discovered it on their own. Likewise, we are not responsible for having a building permit here. If he wanted to have the entire park in his view, he should have bought the entire property.
We actually want to maintain harmony, especially since we rely on each other and could quickly resolve some problems through discussion instead of conflict. But at the moment, this does not look like a good start.
We will be consulting with our architect today before responding. But the question remains—what can actually happen? Further delays will eventually become a problem for us 🙁
blockhauspower25 Oct 2016 14:47Just out of curiosity, since it sounds so interesting: Could you share a site plan of the situation?
Hello,
if you have an approved building permit / planning permission and strictly follow what you applied for, no one can really cause you any trouble at first.
I also don’t really understand the neighbor; they must have known that the remaining plot would also be developed. Or did they expect that the owner would kindly divide the land so they could buy it cheaper with a villa on it, while the rest stays with the owner who would create a nice garden for them?!
Here in Bavaria, building plans are also presented to neighbors before the building authority approves them. In other words, they had their chance to raise objections...
People are like that.
If you want to be sure, I would personally seek expert advice from a lawyer to confirm that everything is in order. You can of course also ask the building authority / planning office for more details, though there is the risk of waking sleeping dogs.
Best regards,
Andreas
if you have an approved building permit / planning permission and strictly follow what you applied for, no one can really cause you any trouble at first.
I also don’t really understand the neighbor; they must have known that the remaining plot would also be developed. Or did they expect that the owner would kindly divide the land so they could buy it cheaper with a villa on it, while the rest stays with the owner who would create a nice garden for them?!
Here in Bavaria, building plans are also presented to neighbors before the building authority approves them. In other words, they had their chance to raise objections...
People are like that.
If you want to be sure, I would personally seek expert advice from a lawyer to confirm that everything is in order. You can of course also ask the building authority / planning office for more details, though there is the risk of waking sleeping dogs.
Best regards,
Andreas
You will need to obtain the neighbor’s consent anyway; you should have already included the so-called neighborhood list with your building permit / planning permission application, right? Has the neighbor already objected there?
As far as I know, although I am not a legal expert, the neighbor can only file a GROUNDED objection—meaning if you violate regulations, such as setback requirements or similar rules. Obviously, you are not doing that. The neighbor can be upset, refuse to sign, and oppose your project, but you are still allowed to build. At least that is my understanding. However, there are people here who are more knowledgeable about legal matters.
As far as I know, although I am not a legal expert, the neighbor can only file a GROUNDED objection—meaning if you violate regulations, such as setback requirements or similar rules. Obviously, you are not doing that. The neighbor can be upset, refuse to sign, and oppose your project, but you are still allowed to build. At least that is my understanding. However, there are people here who are more knowledgeable about legal matters.
As far as I understand, in Mecklenburg-Western Pomerania, neighbor involvement is only required when a waiver of certain regulations in the development plan is requested. Since we are outside such an area (there is no development plan for our location), he does not need to be consulted. Right?
At the moment, I only have the current site plan of our plot, where the neighbor is only partially shown. I will check if I can find a better one.
We strictly adhere to the property boundaries. To be within his line of sight, he would have to go out onto the balcony (and look sideways) or look out of the side windows facing north, but he himself has an outbuilding there.
The plot was previously priced quite high and comes with certain conditions that not everyone likes (but do not bother us). It was on the market for almost two years. We negotiated well and were lucky. I think he assumed nothing would happen there... However, I believe he is more upset because the heritage protection authority rejected his “simple sandy path,” and we are not building exactly as originally recommended in the landscape planning. But we planned precisely for this in direct coordination with the heritage protection authority.
Additional note on the plan: north is to the left, south to the right. Our plot is the triangle. A road runs below it, and a small path is above. The neighbor’s plot extends a bit further to the side; trees are not shown on that side (or only two, drawn by me). The neighbor’s path should have led directly from the main street to the house – so visitors now have to go all around the property to reach the back entrance. Obviously, this is ridiculous but not our decision. The disputed line of sight is toward the lower left tip, where there is grass, a tree, and a chain-link fence to be seen 😉
At the moment, I only have the current site plan of our plot, where the neighbor is only partially shown. I will check if I can find a better one.
We strictly adhere to the property boundaries. To be within his line of sight, he would have to go out onto the balcony (and look sideways) or look out of the side windows facing north, but he himself has an outbuilding there.
The plot was previously priced quite high and comes with certain conditions that not everyone likes (but do not bother us). It was on the market for almost two years. We negotiated well and were lucky. I think he assumed nothing would happen there... However, I believe he is more upset because the heritage protection authority rejected his “simple sandy path,” and we are not building exactly as originally recommended in the landscape planning. But we planned precisely for this in direct coordination with the heritage protection authority.
Additional note on the plan: north is to the left, south to the right. Our plot is the triangle. A road runs below it, and a small path is above. The neighbor’s plot extends a bit further to the side; trees are not shown on that side (or only two, drawn by me). The neighbor’s path should have led directly from the main street to the house – so visitors now have to go all around the property to reach the back entrance. Obviously, this is ridiculous but not our decision. The disputed line of sight is toward the lower left tip, where there is grass, a tree, and a chain-link fence to be seen 😉