Rebuilding swimming pools in Ludwigsburg required?
In the small town of Affalterbach, located within the district of Ludwigsburg, a local couple, Claudia Falkenstein and Frank Stahl, find themselves in a challenging situation. The couple, who purchased their home in 2019, have been ordered to remove a pool and terrace in their garden due to non-compliance with building regulations.
The couple has met with the mayor, hired a lawyer, and even gone to court, but their application to keep the pool and terrace has been rejected. This ongoing issue has caused stress and sleepless nights for the couple, as they grapple with the potential loss of their outdoor space.
A neighbour reported the couple for violating building regulations, and it was discovered that the pool protrudes into the planting boundary provided for in the local building plan, while both the terrace and the pergola exceed the building line.
Thomas Stier, a Green Party member of the council, voted against the majority in support of the couple, believing that imposing financial ruin on them is inappropriate. He suggests a possible solution could be allowing more greenery in the garden as a compromise for the couple to keep the pool and terrace.
The council's decision to demand the removal of the pool and terrace is legally correct, according to the councilors. However, Thomas Stier finds the municipality's harshness towards the couple inappropriate and believes that a more constructive approach should be taken.
The couple's situation has become a topic of public opinion, with people expressing their opinions on the matter. The couple has turned to the Baden-Württemberg state parliament's petition committee, hoping for a resolution to the issue.
If the couple chooses to contest the removal order, they can file an appeal with the relevant local building authority or administrative court, arguing procedural errors, disproportionality, or presenting extenuating circumstances that justify allowing the structures to remain. They can also apply for a retroactive building permit or seek to legalize the pool and terrace if they comply or can be brought into compliance with building codes and regulations.
Negotiating a compromise is another option, where authorities may accept modifications to existing structures or impose fines rather than demanding complete removal, especially if removal would cause disproportionate hardship. If legal challenges fail or are not feasible, complying voluntarily with the removal order might reduce further penalties like fines or legal costs.
Engaging a German lawyer specializing in building and administrative law is crucial to navigate the appeal process, meet deadlines, and gather necessary documentation. Germany’s building regulations are strict, especially regarding unauthorized constructions. Removal orders are enforceable, but remedies through appeals or regularization often exist, provided the couple acts promptly and complies with legal procedures.
However, prolonged non-compliance can lead to forced demolition and fines. The search results did not contain information specific to illegal building removal orders in Affalterbach or Germany, but generally confirm that legal appeal and negotiation are important steps in cases of government orders against unauthorized structures. The couple should consult the local building office (Bauamt) for precise procedures and deadlines.
Thomas Stier does not believe that the couple's financial and emotional ordeal would encourage others to follow suit. He hopes that the situation will lead to a more constructive dialogue between residents and local authorities regarding building regulations and the application of those regulations in practice.
[1] Building Regulations and Removal Orders in Germany [5] Illegal Building Construction and Removal Orders in Germany
Read also:
- Wawa avian tests positive for West Nile disease
- The market for Kraft Lignin is projected to increase at a rate of 7.2% each year until 2034.
- Revising hair care practices with cynorrhodon extracts for addressing hair fragility
- Filipino Card Games Find Their Home at Gamezone, Offering an Unmatched Experience!
