Boundary distance across a narrow strip of land (1m)

  • Erstellt am 2020-07-10 10:18:13

RomeoZwo

2020-07-10 10:18:13
  • #1
Hello everyone,

I have the following situation on a property:

[ATTACH alt="grenzabstände.jpg" type="full"]49132[/ATTACH]

It concerns property 708/a. The neighbor 708/b has a small access path (width 1m) to his property on the north border and thereby separates 708/a from 708/f. The house on 708/f (house number 1) is a residential building and is built directly on the border to 708/b. There are no building obligations registered for me – for 708/b I do not know.

On my border stands a garage, built around 1960, which is to be demolished. Replacing it with a new one should be possible since garages are permitted as border developments.
It gets more interesting with another building – I am considering building a kind of guest/vacation house here (e.g. Schwörerhaus Flying Space). Here we would also have to comply with the distances of building 708/f in addition to our own boundary distance, or does the "strip" 708/b render the distance rule ineffective (which I do not believe)?

Thanks in advance for the help!
 

haydee

2020-07-10 11:15:12
  • #2
With us, strip 708/b was not sufficient.
A (we built with existing buildings)
B (public staircase about 1 m wide)
C (existing building was supposed to be demolished and rebuilt)
All existing buildings do not comply with the current distance regulations.

C planned newly with a building on the boundary development. Distance, fire protection ignored. A was not asked, C referred to the fact that B is sufficient as a direct neighbor and B agreed.
The municipality approved the whole thing, but the building authority at the district office rejected it.
Reason: A must comply with the complete distance and fire protection regulations minus B. Therefore, A must agree, which A did not do, as the property was no longer buildable.

Compromise after construction stop (C simply started creating facts)
A is allowed to build on the rear building line in the area of the distance surfaces as before in height and depth, C must build a fire protection wall, in the front area of the old residential building, the distance and fire protection surfaces of A must be taken into account and adopted in case of a new building.

I have quickly sketched it. Now shows the new development.
Hope it helps you.
 

11ant

2020-07-10 11:47:17
  • #3
You don't care about that. The house on 708/f is allowed to stand there due to existing legal protection, obligation to build an extension, or whatever – otherwise it would have a 3 m or 1/2 h distance obligation, which could not be properly replaced with a building encumbrance on the narrow 1 m strip of 708/b here, so a distance encumbrance would also have to be registered with you. With a non-boundary-privileged building you have to observe the full boundary distance, in my opinion both to 708/b – the buildability of which at this location is not your concern – and to the next building (even if it is on 708/f). In the worst case – but you will see this in your land register sheet if this is the case – there could still be a distance assumption on your property if the owner of 708/f wanted to keep the possibility open to erect a new building at the same location. Because, as mentioned above, only part of this could be fulfilled on 708/b, so that a “remainder” would fall on your property.
 

Escroda

2020-07-10 13:06:17
  • #4

This cannot be answered in general terms, as it depends on the individual case. For this, one would have to review the parcel history and building development history. A common procedure is that the fire protection distance must be observed, but not the setback areas of the existing building. When erecting a fire wall on one of the buildings, it might even be possible to reduce the setback area of the new building by applying for a deviation. It is best to take many photos and discuss the case with the approval authority.
 

RomeoZwo

2020-07-10 13:46:33
  • #5
No setback transfer is entered in my land register sheet. That means a new building should not be built like that. The old building (presumably around 1940) may therefore also exist with a window facing 708/b. The new building is just a pipe dream for now. But I will then consider a larger setback area in my thoughts. Let's see if there would still be enough garden left for the main house... Presumably, there will first be a new garage/carport built there. Thank you all very much!
 

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