Boundary construction with garage / existing protection?

Hello everyone,

we are currently still at the very beginning of our planning phase in BaWü.
On our planned building plot there is a formerly agricultural building (about 120 years old) of considerable size (approx. 500 sqm GF / 10 m ridge height) which is to be removed for this purpose.
There is no development plan => §34
The existing building is partially built on the property boundary, which is no longer compatible with the currently applicable building regulations.
Due to the subdivision of the plot, we would like to place the largest possible garage back on the property boundary in order not to waste any space to the north.
The state building code prescribes a maximum of 9 m on one boundary and 15 m in total, provided that the wall area, etc. is complied with.

However, the existing building is already about 12 m on the boundary and I am sure that the neighbor would have no objections if we were to build our garage right on the boundary!

Are there possibilities to extend the boundary building here or how much of the old structure must remain in order for existing rights to apply in this case?

Thanks for your help!

Regards,
Simon

Hello Simon,

the existing rights expire as soon as an agricultural building is converted into a garage, unless you have a very lenient clerk at the approval authority. However, you can ask your neighbor if he is willing to take on a setback easement on his property.

Hello Simon, before there is a lot of speculation here, I would ask the city or municipality. From our experience, I know that the garage is a subordinate structure and may stand directly on the property line. The requirement is that a wall must be completely flush with this boundary. However, if it is only a corner, for example, you must maintain a 50 cm distance. For buildings intended for residential purposes, a different distance obviously applies. If I am not mistaken, that is at least 3 meters. If the neighbors agree, the municipality (at least that is the case with us) could turn a blind eye and give their consent if a smaller distance is desired. Ultimately, the decision of the building authority is decisive. Of course, you can also inquire there directly. Regards from Wolfgang

Hello Simon,

there are possibilities, but this can hardly be conclusively clarified here without plans and architects. At least one would have to see the complete new BV on the entire property including the neighboring buildings, then maybe more can be said about it.

However, as already mentioned, one can work with [Baulasten] and thus also remedy many things - if the [Baulastgeber] (usually neighbor) cooperates.

Best regards
Dirk Grafe

Hello,

thank you very much for your responses.
It is already positive that there could indeed be possibilities to slightly stretch the relevant paragraphs of the [Landesbauordnung].
In summary, one could say:
If all parties behave "normally," it is certainly possible to build more than 9 or 15 meters up to the boundary. If necessary, building encumbrances may then have to be taken over on the neighboring property.
In the current boundary construction of 11.5 meters, this is probably already the case?
If no one at the building authority wants to "show off" additionally, the neighbor will certainly have no objection if the boundary object is reduced from the former 10 meters in height to 3 meters.