Border-adjacent construction closed building style - windows of neighboring buildings

  • Erstellt am 2021-10-31 13:42:36

Climbee

2021-11-02 15:14:05
  • #1
So in Bavaria, windows in a boundary construction are not permitted; only with a special permit and then only in F90 design and in such a way that you cannot see through them (and that is not really nice for the living room).

Definitely find out from the building authority what the legal situation is here. It may be that a special permit was granted back then - for whatever reasons. We can only speculate here.

Even if there are now windows there, it may well be that they are not lawful. Maybe they were built with the belief "no plaintiff, no judge" and then you can very well close them up. Although I actually can’t imagine that in the case of a multi-family house, which must have been approved at some point. A small illegal window in the garden shed or garage - ok - but installing a window in three living rooms that cannot be approved, I actually can’t imagine that.

Therefore: clarify the legal situation completely!
If the windows are okay, then definitely also find out what that means for you on the property. What easements are on the property? What distance do you have to keep from this wall? Can you even build there?
If the windows were simply installed by a cheeky builder because he liked them there and thought they look nice, then he, or the tenants or current owners of the apartments, have been lucky to enjoy them for years, but you are allowed to close them up. Whether that is conducive to good neighborliness is another matter...
Our architect had the case himself: he built a house in a narrow backyard; a neighbor had done the same years ago and installed windows in the boundary construction. He no longer has them now. Since the neighborhood was already not cordial and there is a dividing fence, our architect didn’t care. He built an extension there. With the note: he was able to enjoy it illegally for years; he should be glad about that and not be upset that he now has to live with the situation that is legally okay.
 

Climbee

2021-11-02 15:20:20
  • #2
If the windows are not legal, you can even demand their removal if you don't build an extension. Or you can be cooperative and allow the windows to remain. You can require that they be designed so that no one can look onto your property and that they cannot be opened. But never have it registered in the land registry! This is an agreement between neighbors. If there is no related easement on the green property, I would definitely not have anything registered there either.
 

ypg

2021-11-02 15:26:17
  • #3
Indirectly, yes ;) Are there any other information that could provide conclusions? Otherwise, I am exactly of the spontaneous opinion of when looking at the enlarged plan! The coloring clearly suggests that one can assume that “green” is green space and should remain so… thus also the windows in the border area make sense. In my opinion, no investor, builder, and building authority can be so stupid as to plan, approve, and allow building side windows in a generally closed development.
 

Climbee

2021-11-02 15:41:06
  • #4
hm, I'm not necessarily sure about that - if you look at the buildings on the other side of the street, I can imagine that extensions are allowed there.
 

11ant

2021-11-02 16:09:01
  • #5

Doesn't the Keifziege have some, or am I remembering that wrong?
 

Climbee

2021-11-02 16:27:57
  • #6
Yep, a window in the garage; but we've continued to tacitly tolerate it and even deliberately left it out when we filled the wood piles to cover the ugly wall (because it has a non-professionally made verge): [ATTACH alt="IMG_8920.JPEG" type="full"]66693[/ATTACH]

There’s not constantly someone in the garage looking over at us on the patio table, so why should I make a fuss?

Whether I would see it so casually if you could look from the living room onto our property - I’m not so sure about that...
 

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