Compliance with building boundaries for exterior stairs

State NRW

Hello everyone,

we are planning to build a staircase onto our garage, which also serves as a terrace, that should lead into the garden. It is supposed to be a "standard" outdoor steel staircase. To make my concern easier to understand, I have attached a sketch for you.

The height of the staircase is 3.60 m.

Now my question: Do I have to observe building boundaries in this case?

Regards

Quacki

To my understanding, you have already disregarded the building boundaries by using the garage built on the boundary. But surely someone like can say something about that shortly.

This is not possible for several reasons: 1.) a terrace on a garage roof within the 3.00m setback distance to the neighboring boundary is generally not allowed, 2.) an external staircase as a subordinate structure must be at least 1.50m away from the neighboring boundary, 3.) the height of the garage at the neighboring boundary must not be higher than 3.00m on average over the entire length. At the other end, the garage would only be 2.40m high. Has this been considered?

Addition to 3.) always referring to the original ground level at the boundary, not to that of fill/foundations/boundary walls etc.

Thank you for the feedback.☺️

1) So the neighbor is my brother. He has no problem with me using my garage, which is why I use it in the mentioned way.

2) I would basically have to set the staircase back 1.50 meters?

3) The garage is 7.5 meters long and 3.60 meters high along the entire length. It was also approved like this. Due to the height of our house, the clearance distance is 3.50 meters. The garage is accordingly 3.50 meters wide.

Thanks for the feedback.☺️

1) So the neighbor is my brother. He has no problem with me using my garage, so I use it in that way.

That does not matter according to building regulations. The garage including roof terrace must officially be secured in such a way that it remains valid even in the event of a change of ownership. Therefore, on your brother’s property, a building restriction of 3m width for setback areas along the entire length as well as a 5m wide open space easement must be registered. If this does not already exist, when newly creating the easements, you can include the stairs at the same time and then have peace of mind.

2) I would have to recess the stairs by about 1.50 meters?

Yes and no, see above – this can be secured/resolved with easements.

3) The garage is 7.5 meters long and 3.60 meters high along the entire length. It has been approved as such. Due to the height of our house, the setback area is 3.50 meters. The garage is accordingly 3.50 meters wide.

Due to the height of over 3m, your garage is no longer a privileged outbuilding, so it requires a setback area of 3m on your brother’s property, see above.

Best regards Dirk Grafe