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Old 31.01.2019, 20:52
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Rights against neighbour construction project

Has anyone ever been involved in fighting a neighbour building project? We have an old villa next door which is slated for demolition and 2 apartment buildings will be built on the property. We understand it will happen one way or the other, but our main concern is that they want high-end condos that each have their own private entrance on the side of the building, facing us, so we will have 6 doors with lights, noise, deliveries, other activity, directly facing our home (rather than towards the street or on the interior of the two buildings, which would make more sense!). We plan to log a complaint with the city once it is published, but I assume we only get one chance. If they green-light the project after that complaint, what steps can we take to fight it? At least to ensure that there are plenty of shrubs & trees planted so we can avoid the light pollution at night? We're prepared to hire a lawyer and have neighbours who will share the cost, but what can they do? I have this feeling none of it really matters... If anyone has experience with this, it would be great to hear what kind of leverage you had as a neighbour/resident. Thanks!
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Old 31.01.2019, 21:08
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Re: Rights against neighbour construction project

https://www.englishforum.ch/daily-li...ermission.html

https://www.englishforum.ch/housing-...plication.html

https://www.englishforum.ch/housing-...baugesuch.html
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Old 31.01.2019, 21:18
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Re: Rights against neighbour construction project

Thanks for the links. I saw these before I posted, but I suppose I'm hoping to hear from someone who has hired a lawyer and fought against a construction project to understand what kind of rights we have as neighbours (aside from building regulations).
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Old 31.01.2019, 21:36
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Re: Rights against neighbour construction project

You can fight, but if your commune building rules are adhered too, it may be difficult
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Old 31.01.2019, 22:05
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Re: Rights against neighbour construction project

In short, they win, you lose.

Don't you think that they've looked into this?

Tom
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Old 31.01.2019, 22:15
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Re: Rights against neighbour construction project

why wait until they lodge the plans (And have spent oodles of money on architects ?) Wouldn't it make more sense to let them know that you are the neighbour and you have concerns about their design 'overlooking' your property, and can they consider some design features that would lessen the problem... ?
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Old 31.01.2019, 22:31
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Re: Rights against neighbour construction project

Quote:
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why wait until they lodge the plans (?
Don't you think that they did that years ago?

The mind boggles.

Tom
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Old 31.01.2019, 23:06
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Re: Rights against neighbour construction project

Ain't it the Swiss way to complain as long as possible in the hopes of getting a bag of money to shut up?
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Old 01.02.2019, 08:22
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Re: Rights against neighbour construction project

With architect proposals, it's like haggling. You go in high, knowing the plans won't be accepted. If you go in at a reasonable level, you risk being cut down a little more.

A few years ago, our neighbour was very upset about the proposed building on land just the other side of us. She complained to the community, and the plans were revised.

If the architect/owner is a person of note within the community, you can probably forget it though.
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Old 01.02.2019, 08:45
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Re: Rights against neighbour construction project

This last response was helpful, NotAllThere, thank you! That was our impression of the original plans, that they were way over the top. Although we know that they paid above market price for the land, so they need to make it back somehow.

The architect & developer had a meeting with the neighbours the night before they turned in their plans to the permit office and the poles went up. They apparently didn't even need to have the meeting to let us see the project in advance, but we did make our concerns known that night about the doors facing our direction (as did the neighbours on the other side).

So now we have to wait to file a complaint until it's published, which means the building department has already approved most of the design (though there may have been some changes made). The question is if lawyering up will help. I guess we'll see how it goes. We do plan to talk to the architects again about the design change and take it from there.
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Old 01.02.2019, 09:12
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Re: Rights against neighbour construction project

In Switzerland, existing building owners have a no stronger position than other land owners who have not yet built. Which is totally fair TBH.
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Old 01.02.2019, 12:59
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Re: Rights against neighbour construction project

So many factors come into play- and the OP gave very little information as to circumstances. For instance, was it already known at the time of purchase that the land had building permission, and for what?

Our village has protected historical status- and the surrounding land cannot be built on. We therefore bought on that basis. Should a landowner want to change the land use from farming to construction, we would have a strong case to oppose or at least to limit.
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Old 01.02.2019, 13:23
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Re: Rights against neighbour construction project

Many factors as others have pointed out - I've been on both sides of new construction regarding dissent.


One tip would be to collect signatures via petition on the legitimate commune concerns and/or consult with an attorney to see if there is a legal argument to pursue. If the commune knows you're serious and have the backing of community members, they will try (Generally, depends on commune etc) to resolve things between parties amicably. If the commune statutes make the construction plans permissible then the commune can side with those to build in which case if you do take it to court you will be liable to pay these costs


I'd suggest going the community route, that tends to get the best traction from my limited experience with construction issues
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