Hello everyone, I am building on a small slope and, in order to have a level terrace, I excavated 2m (6.5 feet) deep for the terrace instead of 1m (3.3 feet) as specified in the building plan.
What consequences should I expect? Is it sufficient if the neighbor next to me does not excavate as deep as I do, provided that I support the excavation at my own expense, or am I at risk of a penalty? Thank you.
What consequences should I expect? Is it sufficient if the neighbor next to me does not excavate as deep as I do, provided that I support the excavation at my own expense, or am I at risk of a penalty? Thank you.
B
Bauexperte12 Mar 2013 11:12Hello,
Answering this here would be like looking into a crystal ball.
Go to your local building planning office and ask about possible solutions and consequences. AND – treat the person you speak with the way you would like to be treated yourself, and then things will go more smoothly with less stress :-)
Best regards, Bauexperte
VanTide schrieb:
Hello everyone, I’m building on a small slope and, to have a level terrace, I excavated 2 meters (6.5 feet) deep for the terrace instead of 1 meter (3 feet) as specified in the development plan. What consequences should I expect? Is it enough if the neighbor next to me doesn’t excavate as deep and I provide support at my own expense, or am I facing a fine? Thanks to all.
Answering this here would be like looking into a crystal ball.
Go to your local building planning office and ask about possible solutions and consequences. AND – treat the person you speak with the way you would like to be treated yourself, and then things will go more smoothly with less stress :-)
Best regards, Bauexperte
In the worst case, you may have to dismantle. Procedure: apply for an exemption from the development plan (building permit / planning permission). Then you either have to dismantle (usually not) or it will be approved. If you do nothing: in the worst case, the building authority (usually the local district office) will refuse to give final inspection approval, meaning it is considered unauthorized construction. They will either force you to dismantle, impose a fine, or take no action.
You are doing it differently than what the development plan requires. This would be a technical solution that could justify an exemption from the development plan’s regulations. If it states you are only allowed 1 meter (3 feet), then you are only allowed 1 meter (3 feet) – period. Anything beyond that must be exempted or approved. There was a reason when the development plan was created that only 1 meter (3 feet) is allowed without a permit. Take the building expert’s advice and go to your building authority; they will surely help you. If not, submit an exemption application. Then the municipal or city council has to decide whether it is justifiable. If they reject it, you can file a complaint and appeal with the construction supervisory authority (district office), which can overturn or confirm the municipal council’s decision.
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