Unauthorized Construction Halts: Officials Order Immediate Cessation Due to Lack of Building Permit

In a recent ruling, the Administrative Court of Appeal has denied a farmer's appeal to continue a construction project without a building permit. The decision comes after the farmer initiated the project on his land, claiming it was for the purpose of agriculture.

The court's ruling defines agriculture broadly, encompassing grass and grazing livestock farming, market gardening, commercial fruit growing, viticulture, commercial beekeeping, commercial inland fishing, and animal husbandry where feed is produced on the areas belonging to the agricultural operation. Additionally, the law privileges construction projects for agriculture, as well as for "professional" fishing and for "professional" beekeeping.

However, the farmer was unable to prove that the construction project was directly related to the agricultural use of the land. The court required evidence that the building served agricultural purposes and fit into the rural environment, as well as details that justified an exception from building law based on the building's necessity for the agricultural use of the land.

The farmer claimed to be continuing the cultivation of short-rotation wood and paying contributions to the agricultural professional association. However, the court found these statements to be unproven. The farmer also disputed the statement that he had leased all agricultural land in his ownership, but did not provide evidence of his own direct use of some of the land.

The court's decision is final and non-appealable. The farmer bears the costs of the appeal procedure, as his appeal has been unsuccessful. The building authority had previously ordered the immediate cessation of construction work due to formal illegality.

In a separate case, the Tax office may be at the door for a farmer who leases field for wind turbines. This highlights the importance of farmers providing necessary information about their agricultural operations and ensuring they meet the criteria for exemptions from building regulations.

The farmer had initially applied to the Administrative Court for interim legal protection against the authority's decision, but was rejected. The court lacked necessary information about the applicant's continued agriculture, which contributed to the denial of interim legal protection.

In a positive note, the newsletter informs daily about the top topics of the day, keeping the public informed about important decisions like this one. By signing up for the newsletter, readers acknowledge the privacy policy. The danger of pushing an allegedly practiced agriculture can exist in certain cases for the purpose of exercising privileged, permit-free construction projects. It is crucial for farmers to provide the necessary evidence to support their claims and comply with regulations to avoid legal complications.

Unauthorized Construction Halts: Officials Order Immediate Cessation Due to Lack of Building Permit