| @Karolina Grabowska

Cancellation of a building permit due to indeterminacy relevant to neighboring rights

22. August 2021
From Probandt
Reading time: ca. 1 Minute

Anyone who obtains a building permit for an emitting facility is well advised to define the scope of use so precisely in the construction documents that the effects on the neighborhood can be predicted. If the operating description in particular remains vague in this respect, there is a risk that the building permit will be revoked on the grounds of indeterminacy in a way that is relevant to neighboring rights in the event of a challenge by neighbors. This was decided by the Potsdam Administrative Court for a beach volleyball facility in the Potsdam Volkspark (February 24, 2020 - 4 L 296/20).

It could be objected that the operation of the facility already has to comply with the relevant local immission guide values pursuant to Section 22 (1) of the Federal Immission Control Act (BImSchG), and that these values are also imposed in most building permits for potentially emitting facilities through additional provisions. However, the requirement of consideration under planning law only permits the granting of a building permit if the infringement of neighboring rights can be ruled out (OVG Berlin-Brandenburg, June 24, 2014 - 10 S 29.13, para. 34). The developer must prove compatibility in advance so that the neighbor does not have to prove incompatibility once the project has been realized.

If you have any questions on this topic, please contact attorney Dr. Haaß.

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