Ziviltechnikerprüfung Practice Questions - Austria Ziviltechnikerprüfung (Chartered Architect & Consulting Engineer) Exam

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Under § 42 of the General Administrative Procedure Act (AVG), what is the legal consequence if an adjoining neighbor who was properly and personally summoned to a formal on-site oral hearing (Bauverhandlung) fails to raise objections at or before the hearing?

The building authority is legally obliged to reject the building permit application due to lack of neighbor consent. The neighbor automatically retains the right to challenge the building permit at any time within five years of construction completion. The neighbor suffers procedural preclusion (Präklusion) and forfeits their party status (Parteistellung) regarding their subjective-public rights. The hearing must be suspended and rescheduled within 14 calendar days at the expense of the applicant.

Correct Answer:

The neighbor suffers procedural preclusion (Präklusion) and forfeits their party status (Parteistellung) regarding their subjective-public rights.

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