Constructing a carport afterwards on the uncle's neighbor's property

Hello everyone,

a really great forum that I always enjoy reading. Now I have a personal concern that I hope you can help me with.

Last year we bought a plot of land / house, renovated it, and are very happy with it.

On one side of the plot there is a single garage right on the boundary, the neighboring plot belongs to my uncle, who would transfer part of his plot to me (the entire plot is too large and we don’t need it). The size he would leave to us would be about 80 sqm. We would like to build a single lean-to carport next to the garage.

The new surveying and subdivision of the plot would, I think, cost at least four figures. Is there a way to register a building encumbrance [Baulast] on my uncle’s plot so that we can build the carport completely there? Or can my uncle submit a building application for the carport? The plot itself is undeveloped.

Or do you have other ideas on how we can arrange this as cheaply and legally secure as possible?

Thanks in advance for your thoughts.

Thanks and best regards
Stevo

The most pragmatic solution would probably be to build the carport on the border at one's own expense and conclude a 99-year lease agreement with the uncle, including right of way, for a symbolic one euro per year. The principle applies here: If it is an agricultural lease agreement, the rule "purchase does not break lease" applies, see §§ 593 b, 566 Building Code. Oh yes, of course a special termination right by the lessor must be contractually excluded.

But something like that would be thought way too simple in Germany; then a notary and lawyer wouldn't earn anything.

Ok, if that would be possible. Then probably my uncle would have to submit the building application, right?

Then my uncle would probably have to submit the building application, right?

No, it’s not necessary. You can submit the building application yourself, provided one is needed at all. Carports up to 30m² floor area have been exempt from approval in NRW since January, as long as it is not an outdoor area. Have a look at §62, para. 1 of the state building code to see if your project meets the conditions. Is there a development plan?

No, there does not seem to be a development plan. And the carport would be exempt from needing approval.

No, there does not seem to be a development plan.

As a neighboring property owner, you shouldn’t have to divine such essentials from the coffee grounds, but should know them.