Construction law
April 25, 2011 | 30,00 EUR | answered by Bernhard Müller
My neighbor had a part of his field, directly adjacent to our residential area, designated as a mixed development area by the municipality, allowing him to build a 3-story building with a roof covered in photovoltaic modules. The municipality's supplementary regulation that enabled this construction required the neighbor to plant a hedge and fruit trees (with an accompanying planting list) to preserve the landscape.
Between 4pm and 7pm, the glare from this photovoltaic system significantly impacts our garden and living spaces, affecting our quality of life. Despite our repeated requests, neither the municipality nor the relevant building authority has taken any action.
How can we defend ourselves? Is this not a matter of public law, or do we need a lawyer to help us assert our rights?
Our (my wife and I) objections and concerns were simply ignored when the supplementary regulation was established. There was no proper balancing process conducted – can this be legally challenged? If so, how - through public law?
Dear questioner,
Building law is a matter of public law. You can file an objection against building permits. Since you probably did not receive any legal advice for the building permit of your neighbor, the deadline would be one year. This period starts from the moment you become aware of the building permit. This should have been the case at the latest when you noticed the start of construction. Since the building was completed 2 years ago, the deadline is likely to have expired.
If no decision is made on an objection you filed, you can file a lawsuit for inaction at the Administrative Court.
However, it is generally known that photovoltaic systems do not cause glare and do not otherwise affect the living quality of photovoltaic systems. The courts assume what an average person would perceive as a disturbance. Sensitivities of individuals who perceive something as a disturbance that average people would not perceive as a disturbance are usually disregarded by the courts. Therefore, taking action against the neighbor or the supplementary bylaw that you believe to be incorrect is unlikely to be successful.
The requirement is not a third party protective norm, so you are not entitled to sue based on it. This means that although the neighbor is obliged to carry out the plantings, you have no enforceable right to have the planting carried out.
There is no right to remove the system just because the requirement has been violated.
Yours sincerely,
Bernhard Müller Attorney
