Illegally constructed building from World War II
June 26, 2009 | 19,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
My association is located in the countryside and we are very interested in the following question:
In an outer area of our community, a small house with two small outbuildings was built during World War II. The property was rented out until a few months ago, but is now vacant and falling victim to vandalism. The owner is living in a nursing home and her guardian has been trying unsuccessfully to sell this property for several years. The community advises against any potential buyer, as the building along with the outbuildings was illegally constructed back then (even though they are listed with street names and house numbers on every map). So, would it still be somehow possible to purchase and renovate the building on the existing foundations/built areas? The structure has been standing there for about 70 years now and demolition has not been carried out yet (as once everything is demolished, no rebuilding would be legal!?). However, the roof was allowed to be renewed about 4 years ago... The "criticisms" mentioned by the community in response to a building inquiry for wheelchair-accessible/barrier-free living are as follows:
1. There is no building permit for the buildings.
2. The residential building has significant "defects," such as ceiling height.
3. The property is located in an outer district of the city (not a building area/land).
4. Other properties would be in front of the respective property, making access more difficult/not possible (... which have been untouched for several decades and, according to the respective owners, can also be documented in the land register by right of way... Strange.) The letter ended with the words: "... therefore, a positive decision is not to be expected." Why does the community respond to a building inquiry in the subjunctive mood? Don't they have to clearly say yes or no? Is there a court ruling on such a case?
Thank you for your help!
Regards, A. Dürrbaum
P.S. We fear that our community would be the beneficiary of this property after the old lady's passing. However, our association would like to dedicate it to a social purpose (therapy facility). Is there a possibility for that?
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions based on the situation you described as follows:
Unfortunately, I also do not see sufficient chances of success in your case regarding the retroactive approval of the building or even the potential demolition through a building regulatory measure.
To conclusively clarify this question, which is unfortunately not possible within the scope of an initial consultation, it would be necessary to know exactly in which zoning area according to the Building Code the building in question is located and also to have precise information about its condition.
The reason you did not receive a binding or conditional response to your letter is because, according to your description, you only made an inquiry and did not submit a formal building application, to which the building authority must respond with a yes or no.
In my opinion, even diverting the building for a social purpose would not be successful in the situation you described, as this would not overcome mandatory building regulations, particularly the lack of approval and approval capability.
Unfortunately, I am not aware of any relevant or comparable court ruling that could be used in your favor. This is also because the legal consequences are already determined by the law.
I would like to point out the following to you in conclusion:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive evaluation of the facts.
Adding or omitting relevant information can lead to a completely different legal assessment.
I hope that my explanations have been helpful to you.
You are welcome to contact me through the follow-up option on this platform or via my email address.
I am also available for further legal representation if needed.
If you decide to engage my services, I will credit the initial consultation fee you paid in full.
Wishing you a pleasant Friday afternoon!
Kind regards,
Dipl.-jur. Danjel-Philippe Newerla, attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
