Correct Procedure, Even for a Wrong Building

A building put up without the required permit is a Schwarzbau, a black building. The building authority can forbid its use and can demand that the owner apply for a permit. For that, the missing permit is enough. Tearing the building down is another matter. Under the Bavarian building code, for example, the authority may order removal only if lawful conditions cannot be restored in any other way. In German administrative law, that requires that the building also could not have been approved. A sound building that only skipped the procedure must go through it afterwards.

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