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  #41  
Old 24.07.2017, 10:02
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Re: Objecting to planning permission

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Been wondering about that, say if you own the top story flat, anybody could come and buy the roof and build. So you bought the roof to build a new story, do you own the roof of that or do you have to buy that too?
My 2 story flat was built onto of an existing building as the seller had bought the airspace from the other owners, I also bought the airspace. I can build higher if planning allows at some time in the future. When I bought the flat only 4 stories plus a penthouse level was allowed. That has been changed to a total height restriction of 22m from the highest pavement level assuming a semi basement garage. I can add 1 story & stay within 22m. If the building was knocked down it could be replaced by a 7 story building.
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  #42  
Old 24.07.2017, 11:45
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Re: Objecting to planning permission

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I also bought the airspace. I can build higher if planning allows at some time in the future.
Can you let me know the process? We are looking at an apartment at the moment and the seller has said that the neighbours have 'agreed' that he can build an extra floor on the roof. He even has some rudimentary drawings from an architect. What documentation should I be looking for?
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Old 24.07.2017, 11:50
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Re: Objecting to planning permission

Regarding the original post: I'm no expert, but I guess if it's the neighbours land and they have permission to build on it, then you can't complain 'in principle' Common sense dictates that if your view is through someone elses property then you shouldn't really complain if they want to build on it. We have been looking at several properties to buy and the first question I always ask is about building permissions of the surrounding area. If anything, perhaps a complaint about the style of the building that is certainly not in keeping with the rest of the area.
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  #44  
Old 24.07.2017, 12:20
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Re: Objecting to planning permission

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Can you let me know the process? We are looking at an apartment at the moment and the seller has said that the neighbours have 'agreed' that he can build an extra floor on the roof. He even has some rudimentary drawings from an architect. What documentation should I be looking for?
There needs to be a contract with the other owners, a sum of money needs to be paid as they are selling their interest in the roof / airspace, they also need to give unconditional consent to build. Then the other owners can't object in any way.
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  #45  
Old 24.07.2017, 14:42
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Re: Objecting to planning permission

An architect friend of mine has had an Einsprache lead to a 5 year argy-bargy, but this was a case where a family wanted to build an MFH on a small field behind their house, said field is surrounded by about half a dozen EFH who all contested the build and have so far prevented the building going up.
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  #46  
Old 24.07.2017, 15:26
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Re: Objecting to planning permission

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Regarding the original post: I'm no expert, but I guess if it's the neighbours land and they have permission to build on it, then you can't complain 'in principle' Common sense dictates that if your view is through someone elses property then you shouldn't really complain if they want to build on it. We have been looking at several properties to buy and the first question I always ask is about building permissions of the surrounding area. If anything, perhaps a complaint about the style of the building that is certainly not in keeping with the rest of the area.
Estate Agents have a t-shirt that says "of course nothing will get built on it"... (Been there, Done that ...). That's what they said to us. One year later trying to put baby to sleep with a whole new complex being built outside the window.
You can complain if you can find a technicality that has not been respected in the plans even if it is someones land & not against any rule stating one building per plot.
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Old 04.01.2018, 13:12
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Re: Objecting to planning permission

Any update? Were you able to sort out something here in the end?
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  #48  
Old 04.01.2018, 14:37
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Re: Objecting to planning permission

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Regarding the original post: I'm no expert, but I guess if it's the neighbours land and they have permission to build on it, then you can't complain 'in principle' Common sense dictates that if your view is through someone elses property then you shouldn't really complain if they want to build on it. We have been looking at several properties to buy and the first question I always ask is about building permissions of the surrounding area. If anything, perhaps a complaint about the style of the building that is certainly not in keeping with the rest of the area.
Ouch that harsh- and yet- same here. When we bought out last house in the UK, we did so because the land at the back at a Covenant preventing building on it. Neighbour tried to pull a fast one- but we were ont he ball. The did build in the end- but we were a) able to change plans so we would not have a house in our line of view, and that the one built to the right of our garden, on the right- would be a bungalow with deeds stipulating they would not be allowed to build another floor or have any windows in roof. b) we got a substantial sum of money which almost paid off our mortgage.

But this time, we made sure that a) the land around us cannot be built on, on all sides.(which also means we cannot build on our meadows- but could add an in-keeping horse stable at some stage, as extension to house.

Really hope you find a way. If it was me, I'd employ an architect who knows how to deal with those things, and perhaps cancel my holiday. Bonne chance.

Last edited by Odile; 05.01.2018 at 11:51.
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  #49  
Old 04.01.2018, 14:40
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Re: Objecting to planning permission

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Ouch that harsh- and yet- same here. When we bought out last house in the UK, we did so because the land at the back at a Covenant preventing building on it. Neighbour tried to pull a fast one- but we were ont he ball. The did build in the end- but we were a) able to change plans so we would not have a house in our line of view, and that the one built to the right of our garden, on the right- would be a bungalow with deeds stipulating they would not be allowed to build another floor or have any windows in roof. b) we got a substantial sum of money which almost paid off our mortgage.

But this time, we made sure that a) the land around us cannot be built on, on all sides.

Really hope you find a way. If it was me, I'd employ an architect who knows how to deal with those things, and perhaps cancel my holiday. Bonne chance.
England does indeed have a ridiculous system where people who have already built have an advantage over those who chose to wait. The sooner planning is based on building density m2 like in CH the better.

Out of interest did you declare to the Inland Revenue as such a payment is not CGT free, People need to pay their fair share of tax
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Old 04.01.2018, 18:25
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Re: Objecting to planning permission

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No, they most certainly did not. You would think before splashing out all that money for architect drawings and plans it would have perhaps been a good idea to gauge neighbourhood opinion.

Maybe they simply hoped they could get away with it, and that planning consent would be given before anyone [you] noticed? We had a similar problem here [in France actually] but the neighbours formed a protest group, whereafter I am very happy to say, planning permission was eventually denied. Good Luck!!!
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  #51  
Old 04.01.2018, 21:22
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Re: Objecting to planning permission

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Maybe they simply hoped they could get away with it, and that planning consent would be given before anyone [you] noticed? We had a similar problem here [in France actually] but the neighbours formed a protest group, whereafter I am very happy to say, planning permission was eventually denied. Good Luck!!!
I just applied for planning permission for an extra floor, I did not ask anyone & I got the permission.
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Old 01.09.2019, 11:29
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Re: Objecting to planning permission

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The posts were erected on Wednesday and the letter arrived yesterday, so this is the first we have heard about it. The letter says we have 7 days to raise an objection in writing, and what is fortunate is that had all this happened next week we would have been away on our hols.
Any update on your case? we are in the same situation since last week. High poles are erected right in front of our garden blocking complete view, privacy and light. I would like to object for sure and waiting for that letter from Gemeinde.
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