How can we prevent the construction of a transformer house?

Questioner

We bought a plot and are starting construction this week. 2 weeks ago we suddenly saw an excavation 5 meters from our plot of 2 by 2 meters. Inquiries with the municipality taught us that a transformer house is being placed there. This transformer house will obstruct our view. There are many alternatives in the immediate vicinity. The municipality is not prepared to move it. At the moment there are only 3 pipes visible in the construction pit and so the costs are minimal oi To move it. What can we do to have it moved?

Lawyer

There are two possibilities. You can file a claim against the seller of the lot and possibly terminate the purchase agreement due to unforeseen circumstances (with a claim for damages) or that you have made a mistake about certain circumstances of the purchased item. On the other hand, you can take legal action against the municipality; demand a construction freeze on the transformer house and demand that they realize the transformer house elsewhere. Whether the transformer house can actually be placed elsewhere depends on many factors.

Lawyer

You can only file an objection if the municipality has taken a decision (regarding the transformer house); if the construction of the transformer house is not based on a decision (and it concerns exclusively the factual actions of the municipality), then you cannot file an objection, but you can then hold the municipality civilly liable on the grounds of unlawful (government) action. If there is a decision underlying it, you must first file an objection to it (in good time!) and you can only go to the (administrative) court after the decision on the objection has been made.

Lawyer

The transformer house is 'a building for the purpose of a utility'. If this building is not higher than 3 metres and the surface area is not more than 15 m2, it can be placed completely without a permit (art. 2, section 18, under a Appendix II Environmental Law Decree). This means that a permit is not required for building or for (possibly) acting in conflict with the zoning plan. This also means that you have no right to claim any planning damage. There is no question of unlawful conduct on the part of the builder. At most, it is the seller of the property who may have withheld information. The builder will certainly be able to provide clarity about any publications about the proposed construction.