Boundary construction garage and shed max. 9 meters - no more possible?

For example, you could agree on 12 meters and everyone is allowed to build 12 meters of carport/shed, etc. most of the time people coordinate anyway. The state doesn't care about the 9 meters as long as the border is a neighbor and not public land.

If I agree with my neighbor, do I even have to ask the building authority for permission? It's about a garage and a shed, which usually don't require a building permit... right? I actually wanted to make an inquiry with the building authority... but maybe I will "wake sleeping dogs" and then nothing will be possible anymore... Authorities are so unpredictable...

By the way, we are building in a small community... all our neighbors have plenty of space and large, long plots. So 12 meters of border construction really doesn't stand out.

Best regards, Steffi

The building authority can't help you at all because they have to strictly adhere to the 9-meter rules. They will then refer you to your neighbor. The 9 meters were established to protect property owners and are not meant to bother or annoy you. The 9 meters exist so that no one can block an entire boundary line without the other being able to do anything about it. You as neighbors can of course agree on anything you want. However, it must be reasonably documented in writing so that no one has to dismantle or do something similar later on. A mutual building obligation, for example 12 meters, is definitely not a devaluation for a very long plot of land. After all, this allows everyone to build a little closer to the boundary, which is often gladly used in rural areas.

You as neighbors can of course agree on whatever you want. But it has to be properly documented in writing

What does "properly documented in writing" mean? Entry of a building encumbrance (then I’m back at the building authority) or is a document signed by both parties sufficient?

Regards, Steffi

No, it simply isn’t enough because the private agreement does not override building law. Such an agreement is not worth the paper it is written on. However, this usually only becomes apparent when retrospective approval is required, i.e.: subsequent registration of building encumbrances including the supplement to building applications.

Best regards
Dirk Grafe

just out of interest: what does it cost to register a building encumbrance twice? so that both neighbors each register 12 meters of boundary development?

well, 2 minutes of googling would have told me...

in Schleswig-Holstein:

Landesverordnung über Verwaltungsgebühren in Angelegenheiten der Bauaufsicht
(Baugebührenverordnung - BauGebVO -)
Vom 1. April 2009

5.1


Eintragung oder Löschung einer Baulast


100 bis 250 €

Yes and no. This fee is only for the entry in the [Baulastverzeichnis], each federal state regulates it individually, in NRW for example always a fixed 250€ per [Baulast]. Additional official site plans, in which the [Baulasten] are depicted, may also be required. The regulations vary enormously; for official site plans for [Baulasteintragung] in NRW, you have to roughly calculate 1000€. This is just a reference to show that the 100-250€ for the office alone is not sufficient. These are definitely always individual case considerations with usually very individual solutions, therefore hardly quantifiable. Nationwide, due to the drastically different handling, not at all. It varies here in extreme cases between building authority A and building authority B by a four-digit amount.

Best regards
Dirk Grafe