Build on the property boundary

Just out of curiosity, a question from my side:

1. Can a development plan override the regulations of the state building code, i.e., if the state building code sets a maximum boundary construction of 9 m, could it be that the development plan specifies 12 m?
2. Is there such a thing as an exemption from the regulations of the state building code at all?

Because if not, then the topic of the original poster would be settled, right?

Just out of interest, a question from me:

1. Can a development plan override the provisions of the state building code, i.e. if the state building code sets a maximum boundary development of 9 m, can it then be 12 m in the development plan?
2. Is there such a thing as an exemption from the provisions of the state building code at all?

Because if not, then the original poster's issue would be resolved, right?

What about semi-detached houses and terraced houses?
So yes.

Well, but for boundary development with carports, garden sheds... different paragraphs/regulations apply than for semi-detached houses or terraced houses. Hence the question.

Hello Exilhamburger,

the neighbor probably just wants to gauge whether you would agree to a development that exceeds 9m or not. Without your consent, it won't be possible; otherwise, he wouldn't need to ask. If this annoys you completely, simply do not agree – but if he still builds higher, you must object immediately.

If you agree, you can possibly demand a one-time payment or also arrange an annual rent; make sure that this also applies to legal successors. However, it is also a good opportunity to possibly demand something from the neighbor in return, i.e., to grant each other something mutually. For example, this could mean that you yourself also build beyond 9m in return and demand the neighbor's required consent. Then both have an equivalent advantage.

Best regards Dirk Grafe

So quite simply: The development plan can override the state law: For example, with me, no boundary development is allowed outside of 2 meters from the garden house (designated as an outbuilding in the development plan). In other words: The regulation of the state building law was specified. With us, distance areas were also reduced, etc. All "against" the Bavarian building law.

Ok, understood.

Still, back to the second question (sorry if I’m bothering you, but I’m curious):
If the state building code sets a maximum boundary development of 9 m for carports/garages/sheds etc. and the development plan says nothing further about this, can I then, for example, apply for a building permit with an exemption from the provisions of the state building code (possibly also with the neighbor’s consent) or is that not possible?