Boundary distances garden land/garden house

Hello everyone,

The property in the picture is Flr-St. 238, which is currently garden land. However, the municipality is currently reviewing the development of the lower properties, and it could become building land in the foreseeable future. The northern properties were also gardens until a few years ago. All gardens were developed with garden houses in the 1960s. Stove heating is largely present (whether it is still permitted today or even used, I do not know), and the houses are used as recreational rooms (weekend houses).
In the 1960s, all properties were only leased. In the lease agreements, our property was somewhat narrower, and property 132/4 was somewhat wider. Therefore, the supply lines for 132/4 lie just at the border on my property 238. After the sale of the properties around 1990 and the re-surveying, this was noticed and the right of way for the lines for 132/4 was recorded in my land register.
However, there is no mention anywhere of the missing boundary distances of the garden house or a transfer of distance areas.

What consequences would this have if my property 238 is built on with a residential building? Can I demand the "relocation" of my neighbor’s garden shed (approx. 4m x 6m)? Are there any disadvantages if I simply accept this today, as long as it is not building land?



Thank you very much!

As you describe the case, the neighbor's garden shed is likely to enjoy grandfathering protection, unless you manage to prove its illegality. According to the state building code, you must maintain a distance of at least 5 meters from the exterior wall. If the approval authority is favorable to you, an exception may also be granted, so that you only have to maintain your own clearance area to the boundary.