Boundary construction on neighboring property - Consent declaration

Hammer blow and ladder law

But it does not apply to "Hello, we're digging up half your garden next week"

@TE In the consent declaration, the following must definitely be included for me:
- What exactly will be done?
- What is the condition before the work?
- By when will the work be completed?
- By when will the restoration to the original condition be completed?
- Compensation for delays and incorrect restoration

With a neighbor who lives next to me and needs about 1m of working space on my untreated property for 4 weeks, this can usually be settled with a handshake.
But if it is a builder/investor, it should definitely be properly regulated with paperwork. Especially if you have already established something there (beds, bushes, hedges, etc.), it has to look exactly the same afterwards. Without any ifs or buts.

But this does not apply to "Hello, we will dig up half of your garden next week"

is nowhere stated either. It says "Underground garage up to the property boundary" and "also store excavation material".

If they now demand hammer measurement and right of ladder, he refuses access because of your hint, and the judge sides with the construction company, the OP bears the costs of the construction delay. Well done.

Because exactly what he writes, they are allowed to do.

nowhere does it say that either. it says "underground garage right up to the property boundary" and "also store excavation material".

you are right, I misinterpreted it when I first read it.

The hammering right entitles one to enter the neighbor's property to carry out repairs on one's own house. The ladder right permits setting up a ladder or scaffolding on the neighbor's property as well as temporarily storing equipment and materials there. The hammering and ladder rights are regulated differently in the federal states. "In principle, it is always about being able to carry out repair and maintenance work from the neighboring property when there is no other possibility," says Storm. The work must be necessary; beautification work does not fall under this.

Pure cost savings are not sufficient reason to exercise the hammering and ladder rights.

I would not allow it that easily; if necessary, a sheet pile wall must simply be installed.

Hammer blow and ladder rights are totally nonsense for this case

The property is in BW, the garden is fully landscaped, and it is not a new building plot but a very old one. About 3m from the boundary is also my garden shed, and I store wood, roof tiles, and paving stones here on concrete slabs. A few younger walnut tree saplings (about 5 years old) and possibly a cypress (about 10m high, certainly 20 years old) would also suffer from this.

I don't see why I should allow soil to be stored there free of charge and to my disadvantage, potentially affecting my property. On Monday, I will do an inspection with the contractor. If he is still interested in the storage, I will draw up a contract documenting the condition and specifying the condition after the storage. I will also charge for the storage – where do we think we are here? I had to pay for every service during the house construction, so why should I help a general contractor from Poland save money at my expense? It is obvious that this is purely a cost-saving measure for him. If a single-family house without an underground garage had been built 10m from my boundary, I might have been willing to provide storage space free of charge for the sake of future neighborhood goodwill. The best part is that the structural engineer does not want the rough builder to start without the neighbors' consent. Presumably, he is concerned that the excavation might have to be extended onto my property, which I would not allow.