Boundary construction on neighboring property - Consent declaration

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 shoots would also suffer from this (about 5 years old) and possibly a cypress (about 10m high, certainly 20 years old).

You did not initially provide this information.
I find it quite critical if in the end, despite the agreement, the condition is not restored; you are out of luck. Is it possible to collect some kind of deposit?

The hammer blow and ladder right is total 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 border stands my garden shed and here I store wood, roof tiles, and paving stones on concrete slabs. A few younger walnut tree shoots would also suffer (about 5 years old) and possibly a cypress (about 10m high, certainly 20 years old).

I don’t see why I should allow soil to be stored here free of charge and to my disadvantage, and possibly have my property affected. I will carry out an inspection with the contractor on Monday. If he is still interested in storage, I will draw up a contract documenting the condition and setting the condition after the storage. I will also charge for the storage – where are we here? I had to pay for every service during the house construction, why should I help a general contractor from Poland save money at my expense? It is obvious that it 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 also have been willing to provide free storage space for the sake of future neighborhood relations. The best part is that the structural engineer does not want to let the shell builder start without the neighbors' consent. He probably fears that the pit will have to be extended onto my property, which I would not allow.

Law on Neighbor Rights
(Neighbor Rights Act – NRG)
as promulgated on January 8, 1996

§ 7 d
Hammer Blow and Ladder Right

(1) If a structural installation permitted under building regulations cannot be constructed, altered, maintained, or demolished without entering the neighboring property or putting up scaffolding or equipment there or encroaching onto the neighboring property except with considerable special effort, the owner and possessor of the neighboring property must tolerate the use to the extent necessary for these purposes.

(2) The intention to use the neighboring property must be notified to the owner and possessor two weeks before use begins. If the person registered in the land register is not the owner, notification to the immediate possessor is sufficient, unless the notifier knows the actual owner. Notification to the immediate possessor is also sufficient if the owner’s location cannot be ascertained on short notice.

(3) The owner of the benefited property must compensate the owner of the neighboring property for damage caused by measures under paragraph 1. At the request of the entitled party, security in the amount of the anticipated damage must be provided before use begins.

Yes.. Not or only with considerable, special efforts.

Whether this applies can only be assessed on site.

Keyword sheet piling. Soil can also be relocated or hauled away.

Please report what comes out of it.

Three concrete examples from practice:

1) the l-stone wall of my neighbor, which is intensively discussed here in the forum: my property was also just in the construction phase, there was hardly any topsoil, and the neighbor needed 1m of working space on my land. He asked, I agreed; sure, do it, when you are finished you put in 20m of drainage channel for me and that's it.

2) the public sector is building an extension to one of their buildings and can only access part of the construction site from the neighboring property, a simple meadow. Hay is made there twice a year and that's it: 3m of the meadow were staked out, which can be driven on, walked on, and used by the contractor and restored after completion. The rest of the meadow is off-limits.

3) in the town center, between old buildings, an investor (from the town) is building an 8-unit house with a large basement. For this, an old, narrow house at the neighbor's had to be demolished because it would have collapsed after the demolition of the investor's old building. The excavation pit is so deep and the planned building is executed as boundary development, so that no slope was possible in two directions. The builder had to stabilize the sides with bored pile walls and Berlin shoring. He is erecting a replacement shell on the same spot for the neighbor’s demolished little house.

So much for the possibilities that can occur in the neighborhood. With a foreign general contractor, it is added that they may not even have power of attorney to negotiate with you on behalf of the builder. Don't end up with a contract in which the GC commits to restoration, but you don't see a cent because the builder didn't know about it and doesn't want to pay!

Do you know the owner and builder?

What should always be considered here: underground parking boundary construction i.e. approx. 3m excavation height => 0.60-0.80m working space + 1.75-3.00m slope depending on soil conditions, so around 2.40-3.80m intervention into one’s own property. And when the construction company refills the excavated soil after completion of the work, there are always settlements on one’s own property in cohesive soil, for which no one will then feel responsible.