Carport roof and too long boundary construction

Even if that is noticed, it does not necessarily mean that someone will take action immediately. Where there is no plaintiff, there is no judge.

The best thing would be if it is noticed directly during the examination of our building application, but no idea if something like that is considered there.

How far away is your house supposed to be built? This roofing has its own clearance of 3m on your property (2.5m in BaWü). Then there is also the clearance of your house, so at least another 3m. That means your house would have to be at least 6m away from the boundary to even be eligible for approval.

If it is noticed and your house is only 5m from the boundary, your building application will be rejected at first. Probably for a fee!

How far away is your house supposed to be built? This roofing has its own clearance area on your property of 3m (2.5m in BaWü). Then there is the clearance area from your house, so at least another 3m. That means your house would have to be at least 6m away from the boundary to be even approvable.

If it is noticed and your house is only 5m from the boundary, your building application will be rejected at first. Probably for a fee!

Thanks already for the hint. The house is further away. However, we have planned a garage subject to approval at that location (>50sqm, higher than 3m). Does that mean even if that was an illegal construction, my building application would be rejected? A building encumbrance is definitely not registered on our property, so it can't actually be something approved. Unless the roofing counts as a carport.

If it is an illegal construction, it probably wouldn't be noticed at first. After all, it is not present in any plans that the authorities are aware of. Accordingly, you would also get a building permit for the garage as if nothing was wrong. However, I could imagine that your architect might get headaches over this, since he has to represent the plans somewhere and knows the situation on site. What does he say about it?

So, even if this were an illegal building, would my building application be rejected?

Yes, because the setback areas are intended, among other things, to serve the purpose of fire protection. From an administrative law perspective, your building requiring approval would not be approvable there. From a civil law perspective, you can demand the neighbor to dismantle it.

Would the building authority notice? Well, my architect always had to submit a site plan showing the setback areas of both the own and neighboring buildings as part of the building approval process. With the architect’s stamp and signature. In their place, I would not do that!

Unless the roof structure is considered a carport.

One could imagine considering the roof structure as a carport (open at front and back). However, the 9m distance is still exceeded, which again triggers setback requirements. Whether this can be freely defined, and then a setback transfer arranged for the rear garage/shed, is certainly an interesting question.