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Old 13.09.2016, 19:28
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Can neighbour object to annexe buildings 3 years after signing?

Renovation project nearing completion. Outter building includes 3 "storage" cellars (as there are 3 flats together), the "heater room" with geothermic pump... and the solar panels on top.


The actual plans were designed 3 years ago, got all the relevant official approvals from the various authorities and no objection was formally made by neighbours.


At D-Day - 30, one neighbour suddenly produces an old sollicitor's act dating back from 1980 stating there may be some building restrictions on this plot, but these are not specified.


Please someone tell me that with the Planning Permission authorities having stamped all the necessary approvals, the work being near completed and with a 3 year delay to make any opposition, this malicious guy cannot do anything now! Please, no unnecessary scaremongering, I am freaked out enough as it is. Just strong, solid legal knowledge if you have any. A glass of Whisky too! Cheers.
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Old 13.09.2016, 19:33
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Re: Can neighbour object to annexe buildings 3 years after signing?

Not a lawyer but arenīt all renovations like these approved by the authorities ? If your neighbour objects, he/she should object to the authorities.
If there were any restrictions, the authorities will have checked this and determined you are ok to go ahead.

But I do not expect him to have "a leg to stand on".

No worries Iīd say!

PS: This is only my experience for having married a guy who was "Baustadtrat"
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Old 13.09.2016, 19:38
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Re: Can neighbour object to annexe buildings 3 years after signing?

I only have a beer but I would expect a delay. Once someone objects in Geneva, it can take a while.
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Old 13.09.2016, 19:40
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Re: Can neighbour object to annexe buildings 3 years after signing?

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I only have a beer but I would expect a delay. Once someone objects in Geneva, it can take a while.
If he does, sue him for the cost of the delay?

Sorry, seems I spent too much time in the US...........
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Old 13.09.2016, 19:40
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Re: Can neighbour object to annexe buildings 3 years after signing?

Not sure of the French terms, but I think part of your submission for the permit included a copy of the "Grundbuchamt" and that the permit would not have been approved if there had been restrictions listed there.

Your neighbor can wave interesting and old papers as much as he wants, if it wasn't officially recorded then he hasn't got much of a leg to stand on, particularly if he didn't raise the issue when he had the chance - i.e. when he was informed at the early stages of the approval process.
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Old 13.09.2016, 20:37
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Re: Can neighbour object to annexe buildings 3 years after signing?

Disagree. What's on the cadastre? You can't sue them & they can wait till the last minute to pounce.
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Old 13.09.2016, 20:45
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Re: Can neighbour object to annexe buildings 3 years after signing?

Here are a few examples of the sorts of rights which could be registered in the Gundbuch ( official property register) but infringed by a building project (Ger. ) http://www.beobachter.ch/wohnen/eige...nter-nachbarn/
Normally, neighbours who feel negatively affected complain much earlier with the goal of blocking the issue of a building permit. The process of permit application should make everything transparent and ensure those affected are informed, but the authorities are really only interested in checking if the building proposal complies with the local plan, regulations etc.
I guess you have to find out if there is any substance to the neighbour's complaint and checking if it is support by examining an extract from the 'Grundbuch' entry for your property.
Obviously, you are not going to stop building, but you may have to prepare yourself for some sort of dispute if the neighbour has some justification. Irritating is that he did not come forward earlier.
Anyway, most things here can be solved by time and money.
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Old 13.09.2016, 20:50
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Re: Can neighbour object to annexe buildings 3 years after signing?

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Here are a few examples of the sorts of rights which could be registered in the Gundbuch ( official property register) but infringed by a building project (Ger. ) http://www.beobachter.ch/wohnen/eige...nter-nachbarn/
Normally, neighbours who feel negatively affected complain much earlier with the goal of blocking the issue of a building permit. The process of permit application should make everything transparent and ensure those affected are informed, but the authorities are really only interested in checking if the building proposal complies with the local plan, regulations etc.
I guess you have to find out if there is any substance to the neighbour's complaint and checking if it is support by examining an extract from the 'Grundbuch' entry for your property.
Obviously, you are not going to stop building, but you may have to prepare yourself for some sort of dispute if the neighbour has some justification. Irritating is that he did not come forward earlier.
Anyway, most things here can be solved by time and money.


It was totally transparent as their son sold the property and land and signed the plans before their approval by the Planning Permission Office.
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Old 13.09.2016, 21:10
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Re: Can neighbour object to annexe buildings 3 years after signing?

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It was totally transparent as their son sold the property and land and signed the plans before their approval by the Planning Permission Office.
Then it is an unusual situation. It looks like maybe the son attempted to protect his parents (your neighbours') interests by adding some restrictions into the property register before selling to you, and which the parents now feel have been ignored ?
But, you should now try to find out exactly what 'right' the neighbour believes has been infringed, irrespective of whether you think he has forfeited it by agreeing (or not objecting) to your building permit.
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