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Family fights for weekend house: Is there a risk of demolition in Buch?
Legal dispute over a weekend house in Starnberg: Family is fighting against a construction freeze and the threat of demolition of their new building.
Family fights for weekend house: Is there a risk of demolition in Buch?
In a legal dispute that has not yet been decided, the owners of a family from Munich are fighting for their weekend house in Buch near Inning. The situation comes to a head after the old, dilapidated building was demolished without the necessary permission and replaced by a larger new building. The Starnberg district office then imposed a construction freeze and refused subsequent approval because the property is classified as an outdoor area where new buildings are generally not permitted, according to tz.de reports that ....
The administrative court now has to decide on the admissibility of the new building. A central point of contention is the question of whether the property is indoors or outdoors. The family, which has owned the property since the 1930s, would like to preserve it for the fourth generation. The family's lawyer advises filing a lawsuit to change the classification of the property, while the district building authority bases the rejection of the permit on the applicable public law regulations anchored in building permit law, as Lawyer Ehlert explains.
The legal hurdles
The owner admitted to the court at the last on-site visit that he acted “too naively and hastily.” The judges, chaired by Johann Oswald, examined both the newly constructed building and the neighboring buildings. They discovered that the new building still had the character of a weekend house, but there were clear indications of its classification in the outdoor area. The court has already indicated that it is unlikely to uphold the lawsuit, which in the worst case could mean the complete demolition of the new building, as Merkur reports that ....
In order to obtain a building permit, certain conditions must be met. The administration must ensure that there are no conflicting public law regulations. This includes provisions of building regulations and planning law, where development plans with binding specifications must be taken into account. Secure development of the property also plays a role. If the property is not directly connected to a public road, the consent of the neighbors is required to ensure development.
The possible future of the weekend house
The plaintiff's lawyer described the case as a "borderline case" and warned urgently of dramatic consequences for the family. A possible demolition would not only be annoying, but would also have emotional and financial consequences if the fourth generation no longer had access to their beloved weekend home. It remains to be seen how the administrative court will decide and whether there is a ray of hope for the family in this matter.
The uncertainties surrounding the status of the property and the associated legal disputes show how important it is to be informed in detail before major construction projects and to seek advice from experts in advance. It will be exciting to see how this legal battle develops and whether the family's dream of keeping the property becomes a reality.
All eyes are now on the court, which will decide the fate of the weekend home in the near future.