Boundary construction garage middle wall height

Hello everyone,

we are currently planning to build a single-family house with a double garage in Bavaria. The plot is on a slope, which is why we only want to build with 2 floors (ground floor and garden floor). The garage is built directly onto the house and is to be used as storage and workshop in the basement. Since the plot is relatively narrow, I want to build the double garage directly on the boundary.

According to the development plan, an open construction method as well as the boundary distances are set according to Art 6 BauBO.

And now here is our problem:
Para. 6 BauBo -
In the distance areas of a building as well as without own distance areas, even if they are not attached to the property boundary or the building, the following are permitted
1.
Garages including their ancillary rooms, covered underground garage driveways, elevators to underground garages and buildings without living rooms and fireplaces with an average wall height of up to 3 m and a total length per property boundary of 9 m, ...

As I see it, the 3 m height measured from the natural ground is almost reached with the basement, so I am not allowed to place the actual garage on top of it.

I have spoken with the neighbors, and they have no problem with it. I argued that I am building a flat roof so that we save another 2.5 m. They liked that.

The municipality wants me to submit an unofficial building inquiry - with justification why I want to build like this. I can argue the roof shape (flat instead of gable roof), but how do I get to my almost 6 m high wall? If I were to build only a 3 m high garage and place a gable roof on it, the neighbor would have the same wall height on the boundary.... and that would be permissible.

Thank you in advance for your help.


[ATTACH alt="Grenzbebauung 2.PNG" type="full"]35393[/ATTACH]

Neighboring plot with theoretical garage

[ATTACH alt="Grenzbebauung-Garage-mittlere-wandhoehe-329434-1.png" type="full"]35398[/ATTACH]

[ATTACH alt="Grenzbebauung 1.PNG" type="full"]35394[/ATTACH]

Excerpt from the development plan
[ATTACH alt="Grenzbebauung 4.PNG" type="full"]35397[/ATTACH]

I spoke with the neighbors, they have no problem with it.

Then it is also no problem for you. According to Art. 6, paragraph 2, sentence 3, the written neighbor's consent to the building supervisory authority is sufficient. There is the form for assuming distance areas and an accompanying explanatory sheet for that. Just try a search engine - Abstandflächenübernahme Bayern. It would only need to be checked whether the distance of the neighbor's house allows this. It's not only about the height; a fireplace on the boundary also triggers distance areas.

The municipality wants me to submit an unofficial building inquiry

What is that? Some authority employees also come up with the most amazing ideas.

Thank you for your reply. I spoke with the district office and the gentleman immediately said that the neighbor could cede something - however, his clever program said that he cannot cede anything because he built with a 3m distance to the boundary. Can he still give something?

Get an extract from the land register map, borrow a leveling instrument and make a height plan. Then make an appointment at the district office and present your plans to the employee in person. Take notes and prepare a meeting protocol. That would be my interpretation of an "unofficial building inquiry". Even better: Discuss the planning with an experienced architect. There are so many planning and building regulation pitfalls that cannot be discussed here on the marketplace.

Can he still give something away then?

No. Maybe point 4 of the textual specifications can be interpreted in such a way that garages located on the valley side, which otherwise meet the privileging criteria, do not trigger setback areas despite exceeding the height by 3m. However, no workshop or heating may be accommodated within the 3m distance. But as I said, this can only be clarified in a personal conversation or assessed by a local planner.

Since the plot is relatively narrow

Yeah, 22m! Here you would build three townhouses on that. I cannot see the necessity for deviations and/or exemptions.

Thank you very much for your reply. We have already surveyed the site. The thing with the [Privilegierungskriterien] is quite interesting. There will be no heating installed under the garage, only the [PellettBunker]. I will speak again with the responsible official to see if we can somehow work it out. Thanks anyway for your ideas and suggestions.