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.

Sweeping Week

In Swabia, the shared areas of an apartment building are cleaned in turn. This is the Kehrwoche, the sweeping week. Some buildings still have a sign with the word Kehrwoche in bold print. It hangs on the door of the tenant whose turn it is. The custom was once also backed by decrees. In 1492, Duke Eberhard ordered for Stuttgart: Damit die Stadt rein erhalten wird, soll jeder seinen Mist alle Wochen hinausführen. So that the town is kept clean, everyone shall carry out his dung every week. Stuttgart abolished the duty to sweep every week on December 17, 1988. Since then, sidewalks only have to be cleaned when they are dirty.

Snow on the Sidewalk

In German towns, the sidewalk in front of a house becomes the owner’s responsibility in winter. The towns pass the duty to keep it safe to the owners by local statute. Owners must clear the snow and spread grit, typically from 7 a.m. to 8 p.m., Monday to Saturday. An owner can pass the duty on to the tenants, but only with a clear clause in the lease. A notice in the stairwell is not enough. If someone falls on a sidewalk that was not cleared, the person who had the duty pays damages and compensation for pain and suffering.

Home improvement

Home Depot and Lowe’s are among the largest retailers in the United States, and both are built on the premise that homeowners will do the work themselves — electrical, plumbing, structural. American building codes generally permit a homeowner to do work on their own dwelling that would require a licensed trade elsewhere.

The inherited piece

Erbstück. German households pass down furniture, tools, kitchenware and machines across generations, and the word for such a piece marks it as inherited rather than merely old. The object was bought once, by somebody else, and is still working.

The land register

Das Grundbuch. The German land register records, for every parcel, the owner, the boundaries, the mortgages, the easements and the restrictions — maintained by the courts and legally authoritative. What is written there is what is true. The register is not evidence of the position. It is the position.

Evidence before the lawsuit

Das selbständige Beweisverfahren. German law allows a party to have evidence formally secured and examined by a court-appointed expert before any lawsuit is filed, particularly in construction disputes. The investigation can precede the conflict, and frequently ends it.

The fire protection officer

Der Brandschutzbeauftragte. Larger German buildings have a designated fire protection officer. Not a committee, not a shared duty — a named person, trained, with the responsibility written into their role.

There are escape route plans on the walls, fire doors that must not be propped open, and inspections that check they are not.

The German instinct on encountering a risk is to give it an owner.

The development plan

Der Bebauungsplan. The German development plan is a legally binding municipal instrument specifying, plot by plot, what may be built: permitted use, building lines, height, roof pitch, materials, the number of storeys, sometimes the species of tree. It is not guidance. It is law, and a building permit is measured against it.

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