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Emergency

Building application rejected: objection against the authority

If a building application is rejected, that is not the end. Against the rejecting notice you can generally proceed with an objection or a lawsuit. Decisive are the grounds of the rejection, for example the development plan, distance areas or missing documents.

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Your chances of getting your money back

Against a rejecting building notice, depending on the federal state, an objection or a direct lawsuit at the administrative court is possible. The instruction on legal remedies at the end of the notice names the correct route and the deadline (as a rule one month).
If the rejection is based on remediable defects such as missing documents, a revised application can be successful. In the case of an unlawful rejection, the permit can be obtained by litigation.

What you should do now

  1. 1

    1. Check the notice

    Read the reasoning and the instruction on legal remedies carefully.

  2. 2

    2. Note the deadline

    Observe the usually one-month deadline for an objection or lawsuit.

  3. 3

    3. Remedy defects

    For remediable grounds you can improve or adjust the application.

  4. 4

    4. Lodge a legal remedy

    Lodge an objection within the deadline and with reasons, or file a lawsuit.

How to spot the scam

  • The one-month deadline for the legal remedy expires unnoticed.
  • The rejection grounds are not checked in detail.
  • The same application is submitted again without reasons.

Frequently asked questions

How do I lodge an objection against the rejection?

In writing at the body named in the notice, within the stated deadline (usually one month). In some federal states a direct lawsuit at the administrative court is provided instead of the objection; the instruction on legal remedies points the way.

Which deadline do I have?

As a rule one month from receipt of the notice. If a proper instruction on legal remedies is missing, the deadline can be extended. Note the deadline expiry immediately and act in time so as not to lose your rights.

Is the objection worth it?

That depends on the rejection grounds. For remediable formal errors or missing documents, improving is often more successful. If the rejection is based on a questionable legal view, the legal remedy can lead to success. A professional assessment helps.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.