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You could also argue that it is the tenants responsibility to find this all out. After all, planning permission is public information and is freely available at the local Gemeinde. And if the tenant missed the planning permission period then I don't see why the owner should have to suffer. You go live next to building land you always run the risk that someone is going to start building something.
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If we had no idea he was planning to build, why would we think to go check? The land was never building land, it was a garden and part of a large old village house.