Explanation of term and general legal definition of First
The term First is predominantly used in German law in connection with real estate and building law. It refers to the upper, horizontal closure of an inclined roof surface, where two opposing roof surfaces intersect or meet. Thus, the First represents the highest line of the roof, either as a straight ridge on rectangular buildings or as a sloping ridge on hip roofs, tent roofs, and other special forms.
From a legal perspective, the First becomes particularly significant in the assessment of property and construction lines, clearance areas, as well as in issues regarding planning and building regulations. The following overview presents the key legal aspects concerning the term First in detail.
Legal basis for the First in Germany
Classification under construction law
Significance in public building law
In public building law, the First plays a crucial role in the assessment of buildings, especially regarding the definition and monitoring of construction measurements. The state building regulations of the federal states and the respective planning law (including the Building Code, Land Use Ordinance) refer to the First in determining the permissible building height and when calculating clearance areas.
Normative basis
The definition of the First is regulated in various technical building standards, for example in DIN 277 (floor areas and volumes of buildings in structural engineering). In building regulations, dimensions are often specified in relation to the First, such as for the maximum permitted building height (ridge height) or the ridge line in development plans.
Land and neighbor law
Ridge height and neighbor rights
The specific height of the ridge (ridge height) of a building is often relevant for neighborly concerns. Compliance with the prescribed ridge height is highly significant for boundary developments, clearance areas, or so-called area preservation rights. Exceeding the permissible ridge height may result in neighbors having claims for injunction or removal.
Boundary and clearance areas
The First serves as an important reference point when determining and measuring clearance areas. According to the state building regulations, clearance areas are regularly calculated based on the vertical and horizontal dimensions of the building structures, where the ridge significantly influences the determination of the height position.
Planning law and urban development provisions
Specification in the development plan
The development plan may explicitly specify the location, maximum height, and structural design of the First. This serves urban development order, ensures a harmonious overall appearance, and may protect both the local environment and neighbors’ interests.
Impacts on construction implementation
Deviations from the positions and heights of the First specified in the development plan generally require a formal exemption or special permit from the competent authority. Unauthorized changes can result in regulatory measures up to and including the requirement for demolition.
Types, technical details, and special regulations
Types of Firsts
The First may appear as a ridge on classic pitched roofs or as a hip or valley ridge on more complex roof shapes. Legally, it is decisive that the term First always refers to the highest, horizontally running intersection point of two or more roof surfaces.
Ridge height and its calculation
Definition and measurement method
Ridge height is the vertical distance between the top edge of the ground or another defined reference point and the top edge of the roof ridge. The exact measurement method is described in the relevant building regulations or in the development plan and may vary depending on the federal state.
Relevance in the approval procedure
The permissible ridge height plays a central role in the building application. Compliance is checked by the building authority. Deviations frequently result in the denial of the building permit.
Rights and obligations regarding the First
Duties of builders
Builders are obliged to comply with the requirements regarding the ridge position and height as determined in the development plan or building permit. Violations are considered breaches of building law and may result in fines or removal orders.
Neighbor rights
Neighbors may invoke compliance with planning and neighbor law regulations concerning the First. In particular, if the ridge height is exceeded, individual claims for removal, injunction, or damages may arise.
Case law concerning the First
German case law has often addressed the interpretation and application of the term First and of ridge height. In particular, the interpretation of development plans, regulatory requirements, and the connection to neighbor protection provisions are crucial. Case law regularly emphasizes that the ridge height and ridge position defined in the plan or building permit must be strictly adhered to in order to maintain urban development order and neighborly rights.
Summary
Der First is, from a legal perspective, a central term in construction, planning, and neighbor law. Its precise definition, location, and permissible height are of great importance for the compliance with building regulations. Observance of the legal requirements regarding the ridge height and ridge line serves to protect neighborly interests, maintain urban development concepts, and ensure construction order. Legal disputes over the First can have significant consequences for builders and neighbors and require careful planning and execution in accordance with the relevant regulations.
Frequently Asked Questions
What legal requirements must be met for the appointment of an executor (First)?
In German law, the appointment of an executor requires a corresponding provision by the testator, for example in the will or contract of inheritance. The arrangement must clearly indicate that the testator intended to entrust a person or even several people with the administration or execution of their last will, concerning the distribution of the estate or certain estate assets. By law, it is not mandatory for the term “executor” or “First” to be used explicitly; it suffices if the testator’s intent to appoint such a person emerges clearly from the wording of the provision (see § 2197 BGB).
The person to benefit or be appointed must exist and have legal capacity at the time of succession (§ 2200 BGB). Minors or persons under guardianship can be appointed, but only under certain conditions. The appointment takes place either directly by the probate court or indirectly by acceptance of the office by the designated person. The probate court also verifies the suitability of the nominated executor and may refuse the appointment if there are compelling grounds, such as conflicts of interest or lack of suitability (§ 2200 para. 2 BGB).
What rights and obligations does an executor (First) have with regard to the estate?
Upon appointment, the executor assumes comprehensive management of the estate. Their rights include, in particular, the authority to independently handle all estate matters, which encompasses surrendering possessions, asserting and collecting claims, concluding and terminating contracts, and selling estate assets (§ 2205 BGB). In addition, the executor may act at their own discretion to fulfill the testator’s last wishes, unless expressly regulated otherwise.
Their obligations include the proper administration of the estate, preparation of an estate inventory, keeping the heirs informed, and carrying out the distribution directives recorded in the will. The executor is obligated to provide proper accounting to the heirs and must provide information on the state of the estate at any time upon request (§ 2218 BGB). Furthermore, the executor must manage the estate diligently and conscientiously and may be personally liable for damages arising from breaches of duty (§ 2219 BGB).
Under what circumstances can an executor (First) be removed by the probate court?
The probate court can remove an executor upon application by an interested party if there is an important reason. Such a reason exists particularly if the executor seriously violates statutory or testamentary duties, or if there are doubts about their impartiality, reliability, or professional suitability (§ 2227 BGB). The most frequent cases include unlawful disposal of estate assets, gross disregard of instructions from the testator, embezzlement, or failure to adequately inform the heirs. Psychological or physical illnesses that make proper fulfillment of the office impossible can also result in removal.
The removal procedure requires a detailed justification of the application and, if necessary, an investigation of evidence by the probate court. The executor will be invited to comment. Removal is mandatory if the court has determined the important reason. The office of executor is thus immediately terminated, regardless of the appointment of a successor.
How is the remuneration of the executor (First) regulated by law?
The remuneration of the executor is not obligatory by law (§ 2221 BGB). The testator may set a remuneration rule in the will. If this is absent, the executor is generally entitled to “reasonable remuneration” determined by the scope, value, duration, and difficulty of the administration. The specific assessment depends on the individual case and may be set by the probate court in case of dispute.
In practice, guidelines have been established, especially the so-called “Rheinische Tabelle”, which can be used to determine an appropriate remuneration. In addition to remuneration, the executor may claim reimbursement for expenses incurred in carrying out the office. Should heirs or other parties dispute the amount of remuneration, this may lead to judicial review.
What liability rules apply to the executor (First) towards the heirs?
The executor is liable to the heirs for any culpable breach of office in accordance with § 2219 BGB. This liability covers intent and negligence, but not the most minor negligence in everyday administrative matters, unless special protective interests of the heirs are affected. The liability covers damages resulting from inadequate administration, misuse of representative powers, or delayed or incorrect distribution of the estate.
To protect the executor, the testator may provide for limitations of liability, as long as these do not circumvent mandatory provisions. After the end of office, liability for damages caused during the term continues until any claims of the heirs are fulfilled. Defenses and liability claims of the heirs may be asserted within the general civil limitation periods.
What rights of participation do the heirs have during the execution of the will (First)?
During the execution of the will, the participatory rights of the heirs are significantly restricted. For the duration of the execution, they generally lose the power of disposition and management over the estate (§ 2211 BGB). Nevertheless, certain rights remain, in particular the right to information and accounting as well as the right to receive accounts (§ 2218 BGB).
The heirs may submit complaints to the probate court if the executor’s duties are breached. Control over the management of the estate is also maintained through applications for removal of the executor or the appointment of a new executor. Notwithstanding these restrictions, the heirs retain ownership of the estate.
How does the termination of the execution of the will (First) take place, and what are the legal consequences?
The execution of the will ends upon occurrence of a reason for termination stipulated in the last will, with full fulfillment of the testamentary instructions, death or resignation of the executor, or through legal removal by the probate court (§§ 2225, 2227 BGB). Upon termination of the execution, the heirs regain unrestricted powers to dispose of and manage the estate and can act independently in all estate matters.
Upon the conclusion of the execution, the executor is obliged to provide a final account and hand over the estate in the condition for which they are accountable under proper administration. Any claims for damages by the heirs arising from breaches of duty persist even after the office ends but are subject to the general civil limitation rules.
