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Construction dispute in Saxony-Anhalt: waterfront strip creates excitement!
Find out how the Higher Administrative Court of Saxony-Anhalt decided on outdoor waterfront strips.
Construction dispute in Saxony-Anhalt: waterfront strip creates excitement!
In Saxony-Anhalt there are clear rules for the waterfront strip in the external area under building planning law. These standards were recently confirmed by a ruling from the Higher Administrative Court of Saxony-Anhalt. The court ruled in a specific case in which an applicant sued against the construction of a new single-family home in her neighborhood.
In the specific case, the applicant had raised concerns because the responsible authority had granted the owner of the adjacent parcel building permits for a two-story residential and office building. This building will have a flat roof and will have a green roof terrace on the upper floor. The distance to the border of the applicant's property is five meters, while the garage is built directly on the property border and is approx. 6.80 meters wide.
The role of the waterfront strip
According to the court ruling issued by EUWID water According to reports, a second-order body of water, the “Graben G.”, runs along the southern property boundary. It is particularly emphasized that a water permit in accordance with Section 49 Paragraph 1 of the Saxony-Anhalt Water Act is required for the construction and modification of structures near bodies of water.
In accordance with the provisions of the Saxony-Anhalt Water Act, which is based on Haufe is discussed further, such permits must also be issued for systems that are built in, above or below a body of water. This ensures that the protection of these waters in the region remains guaranteed, while at the same time construction projects are not completely blocked.
The judgment makes it clear that compliance with the waterfront strip regulations is of great importance for all those interested in building in order to avoid legal conflicts and to comply with nature conservation requirements. In this sense, the case clearly shows how important it is to have a good hand when planning and implementing construction projects.