Renate B. inherited a house from her father.
Photo: Klaus Eppele, fotolia
Before she wants to sell it, she applies to the building authority for permission to clean up. But that will take time. That's why a potential buyer drops off. Renate loses a lot of money - and sued the state.
The heritage of her father helped Renate B. little about the bereavement. In the will, she was granted the house in which she grew up and where her father used to live alone. "This legacy will do me a lot of work, " she said.
That was true, because it was not a piece of jewelry. The house had to be completely renovated. Since she lived with her own family home, Renate wanted to sell the legacy. She also already had a prospective buyer who wanted to take over the property for 280, 000 euros - if a few conversions were done. Because this should include a direct access from the house to the adjacent garage, Renate filed with the building authority an application.
Only four months later came the answer.
Renate must first meet certain requirements. Renate immediately took an architect, discussed with him the necessary changes. And after a few days, the application was re-submitted. But authorities grind slowly ...
The procedure dragged on for months. Twice Renate had to postpone the agreed delivery date. Finally, therefore, the original interested party jumped. Renate found another buyer. But now he only wanted to pay 240, 000 euros for the now renovated house.
"At my loss of 40 000 € is only the authority to blame, " scolded Renate. Of course, the authorities saw this differently and said that they had not strolled, but only "scrupulously" tested. "But that should not have taken so long, " protested Renate and went to court: she claims 40 000 € in damages.
How would you decide?
Imagine, you would have to judge here as a judge. Is there then a government failure for you? May a standard procedure drag on for months? And do you have to accept this as a citizen? Do you have to accept all the disadvantages of the official business simply like that? Or is the state obliged to work as fast as possible - especially if it reserves the right to approve? And should he then be liable for disadvantages due to delays? What is your decision?
So judged by the judge
Renate was successful. In the case of a duty to refuse or delay a requested building permit, the building authority is liable. The agency could not rely on the fact that an exam can sometimes take much longer. Applicants must be able to assume that the building inspectorate decides on proposals within a reasonable time. For not very difficult construction projects within three months. Since the deadline was clearly exceeded, Renate received full compensation (Federal Court of Justice, III ZR 62/07 - 10/07).
