Already inhabited: the roof of the new building has to be demolished – the client has disregarded several rules

Created: 01/01/2023 04:46

It happens again and again that new buildings exceed the approved specifications.

But now a builder has probably overdone it.

Result: The roof of an apartment building has to be demolished again.

Althegnenberg – the stumbling block for the authorities and the court is an apartment building on Münchner Strasse.

When it was finished, it turned out: The balconies are too big, there are dormer windows that were never approved and the so-called knee wall, the wall height from which the slope begins in the attic, was also too generous.

The newly built six-family house must not remain standing, although it is now occupied.

You just didn't follow the rules.

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The original request

In June 2016, the original planning application was submitted and approved by the municipal council.

Even then, some exemptions were necessary in terms of wall height, knee wall and floor area, so that the six-family house could be built at all.

The board had approved the exceptions.

However, the district office, as the higher authority, stepped in and assessed the project as not capable of approval.

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FFB newsletter.)

Development plan even revised

The municipality of Althegnenberg then had the development plan revised.

The change went into effect in May 2018.

The construction began.

However, despite the exemptions granted and the specially modified development plan, the client did not comply with the specifications.

Dormers were installed, the balconies enlarged and the knee wall raised.

The district office finally demanded a tektur, i.e. a change to the existing building application.

In January 2021, however, the municipal council simply could not agree to this change in the form submitted.

Biggest problem is the attic

"The biggest problem with the matter is the attic," explained Mayor Rainer Spicker (BI) now in the municipal council.

Due to the non-approved deviations from the plan, this is considered a full storey.

It would be the third in the house.

However, a maximum of two full storeys are permitted in this part of the municipality, which has around 1,900 inhabitants.

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My space

When the municipal council consistently rejected the application, the builder complained to the Bavarian Administrative Court in order to subsequently obtain approval.

judge on site

Recently, during an on-site visit, the judge got his own picture of the situation – and confirmed the community's decision.

The third full floor is not permitted.

The dormers and the attic have to be dismantled.

The municipality could have changed the development plan again, but decided against it.

Spicker: "A third full floor is not wanted." The head of the town hall and his two deputies had discussed before the municipal council meeting again with the head of the building authority of the Mammendorf administrative community.

assessments by the municipal council

Council member Ludwig Neuner (SPD) commented on what was happening: “You just didn’t follow the rules.

The municipal council allowed even more, and it still wasn't enough." Norbert Scholz (CSU) said, "it's sad that it has to come to this".

He doesn't like how it was done.

"But do you want to dismantle the attic right away?" Nevertheless, the client now wants to remove the entire roof again - even though the house is already inhabited.

Anything else would make no sense.

The municipal council unanimously approved his new amendment.

You can find more current news from the district of Fürstenfeldbruck at Merkur.de/Fürstenfeldbruck.