Unauthorized construction standoff: farmer faced with dismantling unlicensed farmhouse
In the picturesque town of Hachenburg, located in the Mayen-Koblenz district of Germany, farmer Thomas Anhauser has been selling his fresh produce, such as potatoes, eggs, onions, apples, and pears, from an old cabinet for some time now. However, recent developments have brought his business to a standstill.
The authorities have taken action against Anhauser's sales stand, stating that it requires a building permit, as it is considered a physical structure under German building law. This is not an unusual requirement, as farmers' cabinets, also known as Bauernschränke, are subject to various legal regulations.
The need for building permits arises for several reasons. First and foremost, it ensures that the stand complies with safety, zoning, and land-use regulations. The stand must be erected in areas where commercial activities are allowed, and it must align with local land-use plans.
Moreover, the structure must meet minimum safety standards, including stable construction, fire safety, hygiene (important for food sales), and accessibility. Building permits help ensure compliance with these standards to protect consumers and the community.
Authorities also need to evaluate factors such as noise, traffic, visual impact, and potential disturbance to neighbours. The permit process allows these factors to be assessed and mitigated if necessary.
With a permit, the municipality can register who is responsible for the stand, facilitating oversight and enforcement of food safety, consumer protection, and building rules.
While some very small or temporary stands might be exempt from building permits under certain thresholds, many self-service product cabinets intended for year-round use are considered permanent and thus need formal approval.
Anhauser, who believes that the existing legal norms may not be adequate for farmers setting up sales stands like his, has been ordered to dismantle his cabinet next week due to missing building permission. He argues that his business differs from a regular trading company, as he is selling his own products, not setting up machines and buying products from A to Z for trade.
Stefan Leukel, the mayor of Hachenburg, states that the authorities are not intentionally making things difficult for farmers but are bound by their guidelines. He acknowledges that there is no special legal regulation yet for such sales stands, but farmers intending to install such stands should consult their local building authority early to clarify the requirements and obtain the necessary permits.
The Westerwald district, where Hachenburg is located, is obliged to apply the state building code to Anhauser's sales stand due to potential issues like improper food storage. Anhauser has received a letter from the Verbandsgemeinde Hachenburg, stating he should register his sales stand as a business.
Despite the challenges, Anhauser's customers have enjoyed buying from his cabinet, which was open 7 days a week, around the clock. It remains to be seen how the situation will unfold for the farmer and his customers.
In light of these circumstances, seeking a building permit could potentially help Anhauser remain compliant with German building law and protect his sales stand, ensuring safety, zoning, and land-use regulations are met. Nevertheless, Anhauser disputes the need for a permit, arguing his business, being a self-service farm product stand, may not fall under the same regulations as a regular trading company.
