Boundary construction garage concerning HBO §6 (10)

the building supervision does not see the registration of a building encumbrance as an obligation to build an extension.

Then the civil servants should take another look at their state building code. This is not a matter of discretion, as the law explicitly mentions this option.

It would be a new development area, and therefore we do not have to build like that.

Is that in writing? Then the judge, if you want to go that far, would also have something to laugh about.

Our architect does not share this assessment.

Nor do I.

There would have to be a plot-related atypicality.

There is one here. Due to the hillside location, a building-code compliant garage on the boundary is not possible, although it is explicitly permitted under planning law. Careful urban planners with practical experience take this into account in their development plans and formulate corresponding provisions. And for other cases, the building code offers appropriate solutions.

Unfortunately, your architect has already submitted a building application that is clearly not approvable. That weakens your negotiating position. If, if, if a request for building encumbrance registration had already been included with the building application, it would have been much harder for the authority to deny approval.

Then the civil servants should take another look at their state building code. Because this is not a discretionary decision, as the law explicitly mentions this possibility.

Is there something in writing? Then the judge, if you want to go that far, would also have something to laugh about.

Neither do I.

She does so here. Due to the hillside location, a sensible border garage is not possible according to building regulations, although it is explicitly permitted under planning law. Careful urban planners with practical experience take this into account in their development plans and formulate corresponding provisions. And for other cases, the building code offers appropriate solutions.

Unfortunately, your architect has already submitted a clearly non-approvable building application. That weakens your negotiating position. If, if, chain on a bike — already with the building application, a request for an encumbrance registration had been included, it would have been much harder for the authority to refuse the approval.

That is indeed unfortunate. The architect said that normally the signature of the neighbors on the elevations is sufficient. Obviously, some building authorities work more precisely than others.

How would you proceed with the matter? Submit an application for encumbrance registration and hope? And if rejected, then just start over completely (but this time correctly?)

How would you handle the matter?

My "would" is shaped by my subjective impression of your necessarily incomplete information within this context. I neither know the communication chains (who informed whom about what and how, and when), the complete construction documents (are there more ambiguities), the development plan and its justification (were the issues of boundary garages and terrain topography addressed), nor the persons involved (experienced, solution-oriented, helpful, narrow-minded, arrogant, insecure).

Submit an application for the construction easement registration

Yes, unless detailed knowledge revealed a different picture.

And if refused, then simply completely again (but this time correctly?)

No, then legal remedies, unless the reasons for refusal are valid, at least more convincing than what has been presented so far.

Thank you for your assessment , in fact you don’t know all the information, even I am not aware of everything… Hopefully there will be no further ambiguities in the building application, we have addressed all points that the local building authority gave us in advance. For them, the border garage was never an issue, but the building authority and building supervision obviously see it differently. The development plan makes no reference to border garages or the terrain topography, the development plan is certainly not optimal and will be adjusted (or have to be?) in the future. The building area was apparently a political issue from the beginning (keyword "affordable housing") and I suspect that is why the building supervision is watching very closely. Our architect obviously underestimated this, especially since no on-site appointments were held with the building supervision due to Corona (with the building authority they did), so a preliminary discussion was not possible. We will make the best of it, particularly we need a solution that does not require an exemption permit, because that will definitely not be granted. I will report how it turns out.

Hello , I have made progress in recent days with the registration of the building encumbrance for the extension obligation and have had a few conversations with the affected neighbor. Two questions have arisen from his side, and I would be very grateful if you could share your opinion/knowledge on them: 1) Is there a time frame by which the neighbor must have completed the extension promised by the encumbrance? 2) The neighbor has already started building the house and is working with a so-called clearance certificate. Currently, he is maintaining the 3-meter distance from our property. He does not want to jeopardize his clearance certificate and plans to carry out the extension to our garage next year after completing his house. Basically, he would then build an additional garage or outbuilding between his garage and ours next year. He asked me whether signing an encumbrance in our favor could jeopardize his clearance certificate? Thank you in advance for your assessment.

1) Is there a time frame specifying by when the neighbor must have finalized the extension he promised by building encumbrance?

No. He doesn’t have to promise any extension either. Whether he builds or not is his decision. Only if he builds, then he has to follow through.

The neighbor has already started building the house

That is new and a detail of knowledge that reveals a different picture. Until now it was said

based on reciprocity, since they also want to build their double garage on the boundary

and

Both we and our neighbors have a building encumbrance registered where we commit to building our garages adjoining each other

and

but the neighbor still has to build...

Now you say

Currently, he is keeping the 3-meter distance to our property.

Then the building authority is of course right when they

do not see registering a building encumbrance for extension obligation as an option.

How can he commit to building an extension if he is currently doing the opposite?

He does not want to jeopardize his cleared area and wants to carry out the extension on our garage after completing his house next year.

Well, you have gotten yourselves into quite a dilemma. Maybe you should first do without the garage entirely and take up the project with your neighbor together next year. Then the approval authority also won’t have to consider so many uncertainties.

or outbuilding

... is not possible, as the area lies outside the buildable plot area (see 5.1).

He asked me whether signing a building encumbrance in our favor could endanger his cleared area?

I don’t see the cleared area endangered, as under the given circumstances I don’t consider the building encumbrance registrable. Perhaps an excellent building encumbrance expert can come up with a formulation that legally secures your interests. At the moment, I have to pass on that, your architect also does not seem suitable, and you can’t expect a lenient authority—especially since it definitely is not part of their tasks.