How can I take action against unauthorized construction work by my neighbor?
January 24, 2024 | 50,00 EUR | answered by Paul Heuser
Dear lawyer specializing in neighborhood law,
I am reaching out to you as I urgently need advice regarding unauthorized construction work being carried out by my neighbor. My name is Jakob Pasche and I live in a townhouse in a quiet residential area. Over the past few weeks, I have noticed that my neighbor is conducting extensive construction work on his house without the permission of the building department. This work includes demolishing and rebuilding walls, installing windows, and expanding the attic.
The construction work is not only causing noise and dust, but I am also concerned about the stability of the building and compliance with building regulations. I have already tried to discuss the issue with my neighbor, but he shows no interest in reaching a resolution and ignores my concerns.
My question to you is: How can I take action against my neighbor's unauthorized construction work? Are there legal steps I can take to stop the construction work and prevent potential damage to my property? I am worried about the safety and value of my house and would like to know what options are available to me to protect my rights as a neighbor.
Thank you in advance for your help and advice.
Sincerely,
Jakob Pasche
Dear Mr. Pasche,
Thank you for your inquiry regarding your neighbor's unauthorized construction work. The situation you are in is certainly very stressful, and it is understandable that you are concerned about the stability of your house and compliance with building regulations. In such cases, there are certain legal steps you can take to address the unauthorized construction work and prevent potential damage to your property.
First and foremost, it is important to know that construction work generally requires a permit. This means that your neighbor would have needed a building permit for the construction work carried out before starting the work. If he did not obtain this permit, it constitutes unauthorized construction work, which not only violates building regulations but also affects your interests as a neighbor.
In this case, you should first try to talk to your neighbor again and point out the lack of a building permit and the potential consequences of his construction work. If your neighbor continues to show no understanding and proceeds with the construction work, you can contact the relevant building authority or building authority to request an inspection of the construction work and a possible prohibition.
Furthermore, as a neighbor, you also have the option to apply for an interim injunction at the competent district court to stop the unauthorized construction work. This measure may be particularly necessary if the construction work poses a threat to your safety or the stability of your house.
It is important that you gather all relevant information and evidence regarding your neighbor's unauthorized construction work to strengthen your case. This includes photos, witness statements, and, if necessary, expert opinions.
I strongly recommend seeking advice from an experienced attorney specializing in neighborhood law who can assist you in enforcing your rights. An attorney can help you plan the legal steps and take the necessary actions to stop your neighbor's unauthorized construction work and prevent potential damage to your property.
I hope this information and advice are helpful to you and wish you success in enforcing your rights as a neighbor.
Sincerely,
Paul Heuser, Attorney specializing in neighborhood law
