Construction planning garage height

Hello everyone,

following question, we want to raise our plot of land, building height is fine so far, the garage is to be built on the boundary, but there is a green strip with a playground next to it.

Do I have the possibility to increase the 3m garage height, as far as I have read the raising of the plot also counts towards this?

Question 2: am I allowed to make the garage walkable as a balcony?

The house is to be built in Baden Württemberg.

Does anyone have experience with this?

Many thanks in advance.

Good evening,

Do I have a possibility to increase the 3m garage height,

Rather not, as it triggers distance requirements. But you can ask the owner of the strip of lawn; maybe the seller will agree to a deal precisely for this reason.

As far as I have read, does the filling of the property also count?

There is some debate about this. In principle, every property boundary is off-limits and cannot be built on; this also includes the filling. Take a look at the state building code; maybe there are exceptions up to about 1.00 m (I currently have a similar issue in NRW).

Question 2: Am I allowed to make the garage walkable as a balcony?

Only if you set back 3.00 m from the boundary, otherwise the balcony also triggers distance requirements.

Rhenish greetings

Good evening,

Hello, does that mean the owner of the strip of lawn (in my case the municipality) could allow me to build beyond 3m with their consent?

Yes, by means of a building encumbrance.

Does the same apply for access to the garage up to the property boundary?

In principle yes; but as a rule, it will be more difficult to obtain permission here.

If I make only part of the double garage accessible, i.e. accessible up to 3m from the property boundary, this does not trigger the setback requirements, right?

With "normal" garage height, yes again; unless something different is explicitly stated in the development plan. However, it may be that if the height is increased with the neighbor’s consent, less space remains for the accessible part.

The question that arises for me in this context is why you are thinking about building an accessible garage? You surely have a garden; do you really think you will use the extra terrace or is this outdoor area intended for a rental party?

Edit: my information refers to NRW; it may be that it must be handled differently in BW. Your local planner will surely be able to answer your questions exactly.

Rhenish greetings