Boundary construction / compliance with boundary length? Desired garage possible?

  • Erstellt am 2014-02-19 14:21:10

Brisch

2014-02-19 14:21:10
  • #1
Hello.

So far, I had only dealt with the construction of our garage or the planning. Now I called the building authority and got the info (which I already had anyway) that I only have to comply with < 15 m boundary length and < 3 m height to be allowed to carry out boundary construction without a permit (garage). That has always worked out fine so far, unfortunately I never thought about "counting" the garden shed in the corner.

Now the nice (seriously) gentleman from the building authority said that I definitely "have to" do that in order to be able to place the garage as planned without a permit. He also said that officially it has to be that way, but in case of doubt no one measures, but that’s a bit too risky for me. We don’t want to get into hot water.

I tried to illustrate the situation. The garage is the only thing that is currently not there. The rest is as drawn.

What do I do now?! Do I have to subtract the length and width of the damn garden shed from the available 15 m (even if it has 0.7 and 1.2 m distance to the boundary)? According to my calculation, 9 m would remain. But 3 x 6 is too small for me. What options are there? Building application (costs)? Wouldn’t that only be approved if the neighbors agreed, who would have a construction charge because of the boundary construction > 15 m from us? Or am I seeing things too negatively? Both corners (garage corner and shed corner) are practically "dead" corners. Even if the shed weren’t there, there would still be the 3 m high hedge and on the other side the neighbor’s garage. But I don’t think that matters, right? Is there realistically any way to build my desired garage (4.5 x 7.5) in the corner as planned?

I would really appreciate ideas and advice. Thanks Andi
 

ypg

2014-02-19 19:07:31
  • #2
Moving a cabin - is that possible? Or do you need to get a building permit... Just ask how expensive that is... We submitted a subsequent application for the garage and paid 90 € for it. I can't imagine that the cabin poses a problem for them, but you definitely have to apply.
 

Brisch

2014-02-19 19:42:00
  • #3
Moving the hut is not possible. Demolishing is possible in an emergency but reluctantly. Doesn’t a supplementary application also carry the risk of being rejected due to exceeding the 15m? Does it also take as long as the application for the house?
 

ypg

2014-02-19 19:59:34
  • #4
ours went very quickly... 2 weeks. Of course, it could be rejected, but you have nothing to lose since you already received the statement from the nice Mr. Bauamt. You can't just ignore this statement now...
 

DG

2014-02-21 21:57:37
  • #5
Hello Brisch,

You have another problem because the shelter is also on the boundary line, so it probably has to be counted as well. Including the shelter, you are already at about 9m of boundary construction, so you only have 6m left if you don’t want to incur additional costs.

Basically, there are 3 possibilities:

1. Demolition/moving of the shelter and/or the garden shed - which you have almost ruled out anyway
2. Plan/build garage with 3m distance to the east boundary and only 6m length
3. Easement registration on the property of the northern, eastern, or (!) southern neighbor

Regarding the easement registration, the following:

1. You can have as much boundary construction as you want - as long as your neighbors register the necessary easements and the extent of the development (site occupancy index/floor area ratio) is not generally exceeded
2. For the building application and the plan for the easement registration, an official site plan is legally required (see state building code) - this excludes you from the simplified procedure for the building permit (exemption). In addition to the costs for the official site plans, costs for the easement registrations at the building authority and any compensation for the neighbors will be incurred.

I can give you specific information about the costs via PM if the construction project is in NRW.

Best regards
Dirk Grafe
 

Bauexperte

2014-02-21 23:17:21
  • #6
Good evening,


I actually assume that for sure

Rhenish greetings from on the road
 

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