Carport / Garage with shed and terrace on property boundary

Hello,

I have another question.

Directly next to our semi-detached house, our approved double garage is built. This double garage is located directly on the property line. (approximately 6m wide and 6m long).

I have a handwritten agreement with our former neighbor that we were allowed to extend a 2.50m high wall and a 7m long wall from the garage further into the garden. (No entries!!)

Over time, a kind of wooden shed was then erected along the 7m long wall, which was about 3m wide... (directly on the property line as an extension of the garage).

A few years ago, we renewed the roof of this shed and extended it to the full width of the garage. So that including the garage, we now have a covered area of 6m (width) and 13m (length).

If my son now takes over the house and wants to renovate it, he would like to use the entire roof area as a roof terrace. The front part should be covered (approx. 6m; garage section). The rear part (wooden shed) should be used as an open terrace.

Now to my questions:
Since the garage and the wooden shed roof are not load-bearing, they might have to be demolished and rebuilt. Would this be approved? In which case, a carport would be built instead of the garage.

If the rebuilding of the shed and the carport should not be approved, is there any existing-use protection (Bestandsschutz) for the existing shed? It is already over 20 years old...

Is it even possible to get approval for a terrace with partial roofing on the garage/wooden shed? I have heard something about a 3m distance from the boundary, as well as a maximum boundary development of 9m...

Is there anything else I should consider?

Thank you very much!

Hello,

With our former neighbor, I have a handwritten agreement that we were allowed to extend a 2.50m high wall and a 7m long wall from the garage further into the garden. (No entries!!)

According to the NRW state building code, only 2.00 m height is allowed; I could imagine that the handwritten agreement is null and void and should be promptly replaced by a registered building obligation.

Now to my questions:
Since the garage and the wooden shed roof are not load-bearing, they might have to be demolished and rebuilt. Would this be approved? In which case a carport would be built as the garage.

Over 13.00 m depth this will not be possible without a registered building obligation.

If the reconstruction of the shed and carport should not be approved, is there any existing rights protection for the existing shed? It is already over 20 years old...

Is it even possible to get approval for a terrace with partial roofing on the garage / wooden shed? I once heard something about a 3m boundary distance, as well as a maximum boundary development of 9m...

I have just been through all of this, and if we are unlucky, it will end up in an expedited decision before the administrative court.

The shed, being over 20 years old, is probably more dilapidated than structurally sound, so the question of existing rights protection is moot.

A roof terrace on the boundary also seems like a challenging undertaking—I could also imagine the neighbor wouldn’t be too happy about it.

Is there anything else I should be aware of?

It is very important that you involve an architect early on—do not act on your own initiative under any circumstances! It "may" be that if your neighbor agrees to a building obligation, the building authority will also approve the new construction; but this is by no means guaranteed. The architect is then probably the best person to negotiate a compromise acceptable to all parties.

Rhenish regards

Hello,

first of all, thank you for the information..

What does it mean for me that this should be registered through a Baulast? What happens if I do not have it registered?

The shed is still in quite good condition... it is / was regularly maintained and cared for... The roof, for example, was completely renewed 5 years ago...

Since we want to remodel and expand the house anyway, we have to commission an architect anyway...

But I know from a neighbor (one street away) that they built a conservatory on the garage... but the conservatory ends 1.50m before the property boundary...

I don't think you will get approval for that unless the neighbor explicitly agrees to the project. I wouldn't approve it,... Illegal constructions do not automatically enjoy protection under the existing use rights. You can make many agreements with your neighbor about garden walls - but building regulations still apply on your properties. Walls 2.5 meters high and roof terraces require approval. Regardless of whether the thing is directly next to the neighbor or not.

Mistake, you do not decide about the easement, but your neighbor does. He "loses" part of his property through the easement. If he does not agree to the registration of the easement, you must reduce the shed to a height of 2 meters. No matter how long that thing has been there. But it also depends on the property boundaries... if the neighbor has his house 50m away, he might be tolerant towards a roof terrace. Whether his heirs or future buyers will be, is another matter.