Application for deviation in boundary distances

Hello,
I hope someone here can help us a bit. The starting situation is as follows:
There is an old shed at the back of our property that we would like to keep. Size: 12.74m long and 4.68m wide. It stands exactly on the boundary = therefore boundary construction.
The law allows a total of 15m over all boundaries and only 9m on one boundary. That would currently be the first mistake. But since a permit was granted in the 70s or 80s and it was built according to the law at that time, it is probably allowed to remain. Keyword: grandfathering.

Our problem:
We want to submit a building application including a garage right next to the house. Length on the boundary = 9m.

Question:
Can we forget about the garage now if we want to keep the shed? Or is my garage still allowed to be built since the shed is grandfathered?
Or will an application for deviation be successful? I assume that my neighbors, who are very nice, would agree. After all, their shed borders exactly on the rear side of ours with the same size. They also have a garage on the boundary to us and also exceed the boundary construction. According to another neighbor, I believe their buildings did not have a building permit but were built "illegally".

What do you think about this? Regarding the building encumbrance: I also had that in mind, but whether my neighbors would want something like that... It would reduce the value of their property.

Hi Thomas,

I had a similar problem this year, because here in RLP you are allowed to build a maximum of 18m on the boundary. Unfortunately, my garage already occupied 15m, and another outbuilding was supposed to go on another boundary of our property.
Long story short, all neighbors who border your existing buildings and your future building on the boundary must agree.
A building application is necessary for this; the neighbors must sign the plans. Because of the building application, a statics report for the new building was also required in my case, so everything was quite extensive and also cost a bit. If the neighbors are okay with it, the municipality usually agrees as well.
If you do this together with the house, you save the costs of an additional building application, but if it – for whatever reason – doesn’t get approved, the matter with the house will naturally also be delayed. So it has advantages and disadvantages.
A building encumbrance on the neighbors’ properties was not necessary.

Greetings from the Moselle

Hello Thomas,

why are you asking questions about your border shed again, although Dirk already gave you detailed answers in March?

: Was it/is it like that? These cases happen all the time, I can't even remember anymore.

What do you think about it? Regarding easement: I had that in mind too, but whether my neighbors would want something like that... It would lower the value of their property.

Since I have obviously already answered this, let me put it differently:

Funny perspective. You think an easement would lower the value of the property? More than an illegal building? Especially since your neighbors don't get to decide whether they want an easement or not - it's the responsible building authority. Or you don't build (legally).

In fact, both properties would probably have to be devalued based on your descriptions, because obviously something was built "illegally" with an impact on the neighbor, and your own property is more or less fully utilized by the shed/legal protection, so that new construction is limited.

In addition, legalization on the neighboring property would probably not be possible without further impact on your property (i.e., easement).

An interested buyer with expertise would not ask if something will be torn down, but only where the corresponding easements - i.e., encumbrances - are, or when it will be torn down or by how much the price decreases. It’s like a hidden accident damage on a car - a professional notices it immediately and then your negotiating position becomes catastrophic in a second.

The damage/value loss is therefore already present - just not realized yet.

Every publicly appointed surveyor locally can provide you with an individual solution proposal on short notice, including a cost estimate - but you should say goodbye to the idea that this can be arranged internally between neighbors and/or with a nice phone call to the building authority.

A bit of encouragement at the end: this is all relatively harmless, there are solutions that both sides can live with. So call a publicly appointed surveyor locally and explain the problem.

Best regards
Dirk Grafe

Hi Thomas,

I had a similar problem this year, because here in RLP you are allowed to [...]

Hello ,

just for your information:

Building regulations are a matter for the federal states and often also depend on the respective building authority, the caseworker, and the specific situation. In RLP – and I know this from my own experience/work – the requirements for site plans for encumbrance registrations are defined completely differently than in NRW and other federal states.

Therefore, your case is very likely not transferable to BBG.

Best regards
Dirk Grafe