Covering terraces - Minimum distance to property boundary for semi-detached house

It is about the required distance of a covered terrace to the neighboring property, as well as the resulting possibilities to have it dismantled again - in Hesse.

I am the owner of a semi-detached house (Doppelhaushälfte). My neighbor lives in the directly adjacent semi-detached house. Both properties are located next to each other as seen from the street. The terraces of my semi-detached house and those of our neighbor are located directly next to each other at the back of our houses. My neighbor's terrace was originally not covered. However, recently he covered the terrace, the distance to our property boundary is only 0.6m and the terrace has a depth of about 4m and a length/width of about 7m. Although three sides of the covering are not closed (as in a conservatory), it is used in a "residential-like" manner. Due to the proximity to our house and property, the covering takes away our previously open view of the sky. Since our neighbors continue to be heavy smokers, the smoke can now only escape through the side openings due to the covering, which means that the children's bedroom windows on the first floor can only be opened to a limited extent in the evening and during the day.

Here are my specific questions:
1. How large must the distance of a terrace covering be to the neighboring property in the case of a semi-detached house?

2. How large must the distance of a covering to the neighboring property be if it is covered and used in a residential-like manner?

3. Can I demand the dismantling of the covering and is there a realistic chance to enforce this demand through legal proceedings?

4. Can the neighbor invoke protection of existing rights (Bestandsschutz)?

5. Which paragraphs apply?

Hello,

Recently, however, he roofed over the terrace; the distance to our property boundary is only 0.6m, and the terrace has a depth of approximately 4m and a length/width of about 7m. Although the three sides of the roofing are not closed (as with a conservatory), it is used in a "living space-like" manner....

How did the neighbor roof over the terrace, and what exactly do you understand by "living space-like" use?

Kind regards

Hello,

this is a conventional aluminum construction, the roof consists of individual glass elements. By [wohraumähnliche Nutzung] I mean that a heating mushroom is also used, which I do not want to criticize here...
Kind regards
Eliot

Hello Eliot,

....Since our neighbors continue to be heavy smokers, the smoke can now only escape through the side openings due to the roofing, which means that the windows of the children's rooms on the first floor can only be opened to a limited extent in the evening and during the day.

Aren't you exaggerating this a bit? Even as a smoker, this constant smoker/non-smoker topic annoys me quite a bit....

....it is a conventional aluminum construction, the roof consists of individual glass elements. By living space-like use, I mean that a heating umbrella is also being used...

That sounds like a classic neighborhood dispute. A heating umbrella does not by any means turn a terrace into living space!

....Here are my specific questions...

Which I cannot answer you seriously; on the one hand because I work in the Rhineland, on the other hand because the development plan is decisive and, in general, Hessian building law is a bit petty.

Brief summary:

Terraces are structural installations and belong to the so-called ancillary facilities within the meaning of the Land Use Ordinance. Even if they may be exempt from approval (which also actually depends on the case in Hesse), some things need to be considered here. Terraces must be subordinate, which is usually the case if they are not piled up more than 1 meter, otherwise they trigger a setback area as structural installations. As an ancillary facility, depending on the timing of the legal effectiveness of a development plan, they can be counted towards the buildable floor area; the permissible calculation of the floor space index must be observed.

However, that does not necessarily mean that the neighbor needs a building permit. Under certain circumstances, his terrace is exempt from approval. See the following paragraph of the HBO:

§ 56 Building approval-free projects in the planned area (exemption from approval)

(1) No building permit is required beyond § 55 for the erection, alteration or change of use of

1. residential buildings,

2. other buildings of building classes 1 to 3,

3. other structural installations which are not buildings, as well as other facilities and installations within the meaning of § 1 para. 1 sentence 2,

4. outbuildings and ancillary facilities to projects under Nos. 1 to 3, if the conditions according to para. 2 are met. Sentence 1 does not apply to special buildings. Sentence 1 also applies to alterations and changes of use of installations whose erection or alteration after the change or in the case of changed use under this regulation would be exempt from approval.
(2) Projects according to para. 1 are exempt from approval if

1. they are located within the scope of a development plan pursuant to § 30 para. 1 or §§ 12, 30 para. 2 of the Building Code,

2. they do not require an exception or exemption in accordance with § 31 of the Building Code,

3. the access in accordance with the Building Code is secured,

4. they do not require a deviation pursuant to § 63 and

5. the municipality has not declared in writing to the builder within the period according to para. 3 sentence -3 that a building permit procedure will be carried out or has applied for a provisional prohibition pursuant to § 15 para. 1 sentence 2 of the Building Code.

Since Hesse – as written above – can be quite complicated when it comes to building law, go to the building planning office of your city/town and inform yourself there.

But keep in mind with everything you do that you will probably be living next to your neighbor for a long time, and neighborhood disputes are among the ugliest things that can happen.

Kind regards

Hello construction expert,

Thank you for your detailed response. It seems I won't be able to avoid going to the municipality. I am not the kind of person who would simply report someone... my nice neighbor has already done that. After he borrowed a lawnmower and a cordless screwdriver from me and I kindly got him various things for his garden at low cost or for free, he had nothing better to do than to report me because our terrace is 1.3m too long and therefore exceeds the building envelope. I am not trying to make life difficult for anyone here, but only about my rights and the adherence to the rules - especially for my neighbor...

Best regards Eliot

Hello eliot398, we also live in Hessen and had a terrace roof installed on our end-terrace house 4 years ago. It was quite a big struggle until we figured out what we were allowed to do and what not. But a crucial part of the building application was the consent of our neighbors. We were told that with such a roof, the minimum 3-meter boundary distance must also be maintained and thus the neighbors' consent was required. I'm curious to see what else comes up for you. See you then