Black buildings are not uncommon, especially in private residential construction. But anyone who builds without a building permit or changes approved building plans on their own is violating current building law. The consequences are far-reaching.
What is meant by a black building?
Illegal construction occurs when a building or an extension was built without the required building permit or was modified in a way that deviates from approved plans, explains Inka-Marie Storm from the Haus & Grund owners’ association to the German Press Agency (dpa). Such buildings are formally illegal because they violate public building law, as the Herfurtner law firm emphasizes. According to the dpa, the term “black construction” is not clearly defined in legal language, but is commonly used in construction law and by authorities.
Where do black buildings often appear and how do you recognize them?
Black buildings are particularly common in single-family homes, two-family homes, garages, carports, garden sheds or subsequent extensions that were built without permission. According to lawyer Manuela Reibold-Rolinger, the construction of entire houses without the appropriate permits is rare, but not impossible, as she explained to the dpa. Structural changes made by neighbors can also be illegal buildings if they were carried out without building permits, according to lawyer Anja Jäger in an article on anwalt.de.
However, caution is advised, especially with older properties: many houses that were built decades ago could, from today’s perspective, be black buildings. Back then, the approval procedures were either less strict or were not completed at all. “Today, however, we are observing that construction administrations are taking a much closer look,” explains Christian Osthus from the German Real Estate Association to the dpa. In order to be on the safe side when buying a property, it is worth asking the responsible building permit authority to see the file, emphasizes Bernd Düsterdiek from the German Association of Cities and Municipalities in an interview with dpa.
Consequences of discovery
If illicit construction is discovered, usually through a resident complaint, aerial photo comparison or routine inspections, there is a risk of serious legal consequences. According to the Wohnimmobilien NRW eV association, there is a risk of construction stops, usage bans, closure orders, fines and, in the worst case, the officially ordered demolition of the building. The amount of the fine varies depending on the federal state and individual case, but can be up to 500,000 euros. It should be noted that unauthorized border development does not expire and, even after decades, cannot be legalized through subsequent entry in the land register or through simple toleration, says Jäger.
Inventory protection: When does it take effect?
According to the Herfurtner law firm, the so-called grandfathering generally protects buildings that were permitted under building law at the time of their construction, even if the regulations have changed later. However, an illegal building does not enjoy this protection because it was illegal from the start. Only if a building requires approval but was incorrectly not inspected during the construction process can passive existing protection apply under certain conditions. However, this is the exception and must be checked on a case-by-case basis.
How can you legalize illegal construction?
According to the Wohnimmobilien NRW eV association, there is the possibility of subsequent legalization through a building application – provided that the building meets the current building regulations. To do this, a building application must be submitted, which will be comprehensively examined by the authorities. The costs of such a subsequent procedure are usually significantly higher than for a regular building application, as additional documents and tests are required. If permission is refused, the owner’s only option is often to dismantle or demolish the structure and pay a fine.
Rights and options for action for residents
Neighbors are also not without protection if illegal buildings are built in their area, emphasizes Jäger. They have the right to complain to the building authorities and can demand demolition or a ban on use if their own interests, for example with regard to boundary distances, exposure or noise protection, are affected.
If neighbors were not properly informed about the construction project or were ignored in the approval process, they still have the opportunity to object and, if necessary, file a lawsuit. The rules are particularly strict when it comes to a so-called superstructure: If a building projects entirely or partially onto a neighbor’s property, the neighbor can demand that it be dismantled or claim compensation, explains Jäger.
Editorial team finanzen.net
