Carport roof and too long boundary construction

In my opinion, the problem consists of two issues. First, the development. That can surely be resolved with three euros fifty and you can somehow come to an agreement. The border development is the tricky part. If I interpret this correctly, a covered terrace or a bay window was subsequently built directly on the boundary? That wouldn’t even be a privileged building and immediately eliminates a setback area on your land of an additional 3m (so a total of 6m) (as far as my layman’s knowledge does not deceive me). That is tough with three fifty. The acceptance of being able to simply retract that later will probably not be easy. I would ask a specialist lawyer about how things stand if you currently don’t see any need to act but still don’t want to accept a building encumbrance. I could imagine that tolerating it for several years might come back to bite you in the end if the judge is not favorable to you.

In my opinion, the problem consists of 2 issues. First, the development. With three euros fifty, that can certainly be settled and one can somehow come to an agreement. The boundary development is where it gets tricky. If I interpret this correctly, a covered terrace or a bay window was subsequently built directly on the boundary? That would not even be a privileged building and would immediately trigger a setback area on your land of an additional 3m (so a total of 6m) (as far as my layman's knowledge does not deceive me). That is already tough with three fifty. The acceptance of being able to simply revoke this later will probably not be easy.
I would ask a specialist lawyer how things stand if you currently do not see the need to act but still do not want to accept any building burden. I could imagine that tolerating it over several years will eventually backfire if the judge is not sympathetic to you.

Thank you for the feedback:

[*]by 3.50€ do you mean a symbolic rent according to $902?
[*]From my property’s perspective, it looks like there is still a prefabricated garage with a canopy and an adjoining shed (see also the attached picture again)
[*]That means if I accept this now, then I might be forced later to register a building burden?

The garage and the shed are generally considered privileged buildings (municipalities can set exceptions) and can be placed as boundary development on the property line. The usual measure for maximum boundary development is 9m per boundary and 15m total per property.

I suspect that the garage and shed were legally applied for and built, whereas the extension on the house is an illegal construction. The extension on the house causes three offenses at once: it leads to exceeding the maximum 9m boundary development, it has built directly over the boundary with the roof, and as a non-privileged building, it was illegally built on the boundary. Funny. :D

This is just my layman’s opinion – please note. Furthermore, the rules may differ if the municipality sets different regulations for itself.

[*]by 3.50€ you mean a symbolic rent according to $902?

I don’t know the § off the top of my head, but basically you are leasing the 10 centimeters, right.

[*]So if I accept that now, would I possibly be forced later to enter a building encumbrance?

That’s exactly the question. If you leave it standing for 10 years and then your children want to build a house on the land exactly at that spot, a judge could in my opinion argue that by the 10 years you have accepted toleration of the illegal construction and now the building encumbrance has arisen. I do not know the rulings in such cases. Only help is to ask someone who knows => lawyer. The hour is not unaffordable and well invested.

The garage and the shed generally count as privileged buildings (municipalities can set exceptions) and can be placed as boundary development on the property line. The usual limit for maximum boundary development is 9m per border and 15m total per property.

I suspect that the garage and shed were legally applied for and built, whereas the annex on the house is an illegal construction. The annex on the house causes three violations at once: It leads to exceeding the maximum 9m boundary development, it has built over the border directly with the roof, and it was built as a non-privileged building illegally on the boundary. Funny. :D

This is just my layperson’s opinion - please note that. Furthermore, the rules can differ if the municipality sets different regulations.

I don’t remember the paragraph by heart, but basically you are leasing out the 10 centimeters, right.

That’s exactly the question. If you leave it standing for 10 years and then your children want to build a house on the land exactly at that spot, a judge could in my opinion argue that by the 10 years you accepted the tolerance of the illegal structure and now the construction burden has arisen. I don’t know the rulings in such cases. Only someone knowledgeable can help here => lawyer. The hour is not unaffordable and well spent.

I made a typo $912:

(1) If the owner of a property has built a building beyond the boundary without intent or gross negligence, the neighbor must tolerate the encroachment unless he objected before or immediately after the boundary crossing.

(2) 1 The neighbor is to be compensated by a monetary rent. 2 The amount of rent is determined by the duration of the boundary crossing.

(1) If the owner of a property builds a structure over the boundary without intent or gross negligence, the neighbor must tolerate the encroachment, unless he objected before or immediately after the boundary crossing.

(2) 1 The neighbor is to be compensated with a monetary rent. 2 The duration of the boundary encroachment is decisive for the amount of the rent.

In the case of an illegal construction (if it is one), one can assume gross negligence, I think. :D

In the case of an illegal construction (if it is one), gross negligence can be assumed, I think. :D

Yes, probably :-). But I also don't want to immediately spoil things with the neighborhood and want to find a solution that is acceptable for both sides. The best thing would be if it were noticed directly during the inspection of our building application, but I have no idea if such things are taken into account then.