Adjacent neighboring garage (existing building) with a height of 3.6m

The draftsman/architect cannot determine the exact height of the garage if he does not know the original reference points!? So he suspects that the 3m could have been exceeded. One hardly needs to put a suspicion into the building application!? Theoretically, the garage could have been built 70 years ago, with a completely different terrain that was subsequently removed / built up.

Now let us assume that the garages actually have a wall height of 3.5m. That would trigger a clearance area. However, our property has never been burdened in this regard. Consequently, the development plan and the state building regulations apply to us. Both specify a 3m setback for our new building.

So if the building authority rejects our building application because the neighboring garage is too high and requires a greater setback than 3m, the building authority would have to take action at the same time and demand a structural change/ demolition of the neighboring garage or a subsequent building encumbrance (to which I would never agree), right?

The draftsman/architect cannot determine the exact height of the garage if he does not know the original reference points!? He therefore suspects that the 3m might have been exceeded. One hardly has to include a suspicion in the building application!?
Theoretically, the garage could have been built 70 years ago on completely different terrain, which was subsequently excavated / filled.

As far as I know, buildings normally have protection if they complied with the old plan before a new development plan was created. But I don't know how it is if undeveloped plots are disadvantaged as a result. That plots are arbitrarily devalued or upgraded by the authorities is not uncommon. We have also had to reclaim the buildability of one of our plots in court.

Let's now assume that the garages actually have a wall height of 3.5m. That would trigger a setback area. However, our plot was never burdened in this regard. Consequently, the development plan and the state building code apply to us. Both specify a 3m setback for our new building.

The state building code specifically requires setback areas. This is a circular problem.

So if the building authority were to reject our building application because the neighbor's too-high garage requires a greater setback than 3m, the building authority would have to act at the same time and require a structural alteration / demolition of the neighbor's garage or a subsequent building easement (to which I would never agree), right?

If the unlikely case actually occurs that the building authority takes the neighbor’s garage height into account when assessing the building application, the application would be rejected first and nothing else would happen. At most, the neighbor would receive a penalty for his violation. As long as your house is not built, no rules are broken. They are very unlikely to fight for your rights. After all, it is not their property.

If the building authority really comes around with an order for dismantling or demolition, then you won't be building before 3 years at the earliest. Or do you think your neighbor won’t oppose such an order? BTW… it takes a very long time before such a legally binding order is issued. Before that, site inspections are scheduled and many written communications are exchanged. The relationship with the neighbor is already destroyed from the beginning… not to mention the trouble and costs.

So try to keep a low profile.

Then just plan the house 90 cm narrower. Set the boundary distance to 3.9m instead of 3m. With an 18 m width, that should be possible. Show us the plot and the development plan.

Important information is deliberately withheld in the building application here, which an expert should recognize as such and indeed has recognized.

The draftsman/architect can’t determine the exact height of the garage if he doesn’t know the original reference points!? So he suspects that the 3m might be exceeded. You hardly have to put a suspicion in the building application!?
Theoretically, the garage could have been built 70 years ago on completely different terrain, which has been subsequently excavated / filled up.

The plan submitter doesn’t withhold anything but states the front and rear garage corner with its absolute height above sea level; he doesn’t need to research the original terrain. He truthfully does not mark a non-existent setback obligation either.

Let’s now assume that the garages actually have a wall height of 3.5m. That would trigger a setback area. However, our property has never been burdened accordingly. Consequently, the development plan and the state building code apply to us. Both stipulate a 3m setback for our new building.

Just because you cite the popular shortening: the “three meters” are actually “0.4 h, but at least 3.0 m”.

Then just plan the house 90 cm narrower. Setback instead of 3m is 3.9m. With 18 m width that should be possible. Show us the property and the development plan.

Yes exactly, take a photo.

The plan submitter conceals nothing but indicates the front and rear garage boundary corner with its absolute height above sea level. He does not need to research the original terrain. He also truthfully does not mark a non-existent building line easement.

You mean that although the state building code is violated when granting the building permit, it is still granted? I wouldn't be so sure about that. You?