The neighbor's unauthorized structure: built without a permit, what to do?

If someone builds without the required permit (unauthorized structure) and this violates neighbor-protecting rules, you can turn to the building supervisory authority. It examines the structure and can order measures up to demolition. It is important that your own rights (e.g. setback areas) are affected.

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A structure requiring a permit but built without one is formally unlawful. The building supervisory authority can order a prohibition of use, a construction stop, or, in the case of substantive unlawfulness, demolition.

As a neighbor you can turn to the authority if neighbor-protecting rules (e.g. setback areas) are violated. In the case of an unlawful building permit, an objection and a lawsuit come into consideration.

What you should do now

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1. Clarify how you are affected
Check whether the structure violates your rights (setback areas, light, view), this strengthens your concern.
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2. Inform the building authority
Report the suspicion of an unauthorized structure to the building supervisory authority and describe the impairment.
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3. Check the permit
Ask whether a permit exists and whether you were involved. You can take action against an unlawful permit.
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4. Observe the deadlines
Deadlines apply for an objection/lawsuit against a building permit. Act promptly as soon as you become aware.

How to spot the scam

The structure visibly violates setback areas or other neighbor-protecting rules.
You were not involved in the permitting procedure.
A reference is made to a 'grandfathered status' that does not exist.

Frequently asked questions

What can I do about the neighbor's unauthorized structure?

Report the suspicion to the building supervisory authority and describe how the structure affects you. If the structure requires a permit and was erected without one, the authority can intervene, from a prohibition of use to demolition.

Do I even have rights as a neighbor?

Yes, insofar as neighbor-protecting rules are affected, such as setback areas. Then you can turn to the building authority and file an objection or sue against an unlawful building permit, within the applicable deadlines.

Is an unauthorized structure always demolished?

Not necessarily. If the structure was erected without a permit but is substantively capable of being permitted, it may under certain circumstances be permitted retroactively. If, however, it violates substantive law (e.g. setback areas), demolition comes into consideration.

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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.