Are neighborhood signatures required for subordinate components?

  • Erstellt am 2019-12-18 09:04:52

MichaeI

2019-12-18 09:04:52
  • #1
Hello,

we are going to build a semi-detached house in Bavaria on a plot for which there is a development plan.
The whole area is in an old settlement area and the neighbors all around are not happy that construction is now taking place here.
Basically, a building that fully complies with the development plan cannot be prevented by the neighbors.

My question now is how it looks with a subordinate structural element? The house is 7 m x 10 m, which fully utilizes the building boundary. On the 2nd floor, we would like to have a small bay window as a subordinate structural element, which would of course extend beyond the building boundary.
If the neighbor, on whose side the bay window extends, does not sign, is that then problematic for the approval?
 

hampshire

2019-12-18 09:21:40
  • #2
Give the neighbors reasons to be happy. Then a lot will work out.
 

Escroda

2019-12-19 19:26:20
  • #3
This statement is incorrect, as compliance with the planning law regulations (development plan) does not generally exclude building code violations (e.g., setback requirements). I assume this classification is based on Art. 6, paragraph 8 BayBO. This is building code law that protects neighbors. This is urban planning law. It only has neighbor-protecting effect in few cases. If the building code law is complied with, the authority must assess whether in this individual case the building boundary has a neighbor-protecting effect. Since §23, paragraph 3, Baunutzungsverordnung A slight projection of building parts may be permitted. is a discretionary provision, the absence of a signature entails conflict potential, which could be defused by non-use. In short: As a caseworker, I would not allow exceeding the building boundary if the signature is missing.
 

ypg

2019-12-19 19:51:01
  • #4


Do you want to increase the 7-meter width to 7.50 m with the bay window at about half the length?
 

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