In the context of a permit procedure, it is essential that you express as early as possible why you disagree with the realisation of a particular construction project. This way, after all, you give the permit applicant the opportunity to take your objections into account at an early stage. This is why the municipality provides a public enquiry when you submit a building application.
What is a public enquiry in a building application?
As part of a permit application, the municipality usually organises a public enquiry first. In doing so, the municipality gives local residents the opportunity to express their concerns about the project.
How do I file an objection?
During this public enquiry, you can submit your objections to the project to the municipal executive within a 30-day period. Submitting an objection can be done analogously or digitally via the Environment counter and is not otherwise subject to certain formal requirements.
Here you will find detailed information on how to file an objection to an environmental permit.
How do I find out if there is a public enquiry?
There are several ways to make a public enquiry known.
- Through the posting of a yellow poster of at least A2 size with black lettering.
- Publication on the municipality's website.
- Analogue or digital deposit of the licence application at the town hall.
- Individual notification to owners of adjacent plots.
In certain cases, the municipality also publishes an advertisement in a regional daily or weekly newspaper. In addition, the municipality and the permit applicant organise an information meeting. You will find the details of this meeting on the yellow poster, for example. These are usually heavier projects with a top class environmental permit or which require a full environmental impact assessment.
What are the consequences if an objection is not filed in time?
To date, no consequences have been attached to your failure to file an objection on time. However, in order to safeguard your rights as much as possible, we advise you to make your objections known as soon as possible. And it is best to do this as fully as possible. This will give the applicant the opportunity to adjust his project, taking your concerns into account.
How will my objection be dealt with?
Only at the final licensing decision will you find out how the board dealt with your objection. After all, one is obliged to refer to the objections filed. The board is also obliged to indicate how your objection was dealt with. However, there is no obligation to refuse a permit once an objection has been filed. The authority can also choose to refute the objection or grant the permit under modified conditions.
My objection was not sufficiently taken into account. What are the options?
If you feel that the government is not taking your concerns sufficiently into account, you can further challenge the building permit by filing an appeal. You do this with the authority that supervises the government agency that dealt with the permit application on the merits. In certain cases, however, you will have to go directly to the Council for Permit Disputes.
Note: be quick. Deadlines to file appeals are very short.
Find more information about contesting planning permission here.
Is there a public enquiry going on about a project in your neighbourhood? Or is the realisation of a construction project being planned? Then be sure to take timely contact on. We can look after your interests.
