Development plan: Garage on the boundary outside the building window

A few measurements would be helpful.

I have roughly marked the approximate dimensions in the development plan. Also included is the approximate north-south orientation. The idea was to place the house and garage as far back as possible so that the garden, etc., in the front can be used optimally.

If you keep the property free to the west, you will also get the southern sun there on a terrace. Apart from that, as a working person, you get nothing from the southern sun unless you work in shifts. I would definitely not sit to the south, as you won’t have much left there except looking at the driveway. However, the building area is pleasantly large, so a solution can be found. The tree and the easement really take away options ...

Yes, it says here that garages are not permitted on areas with planting requirements and plant binding.

Even though the information about the development plan is still very incomplete, it looks like your property is not affected by areas with planting requirements (usually the areas with the line-accompanying open circles as in the far northeast of the plan section), so you can theoretically place the garage anywhere.

How should the "circle" of the tree be read?

That is a symbol for a tree to be planted. Subject to the missing points 6.2 and 6.3, I read point 6.1 as meaning that a tree must be planted somewhere within a radius of 5m around the center of the symbol on your property, whereby your leeway is very limited due to the proximity to the boundary and the right of way. And you still need to find out what obligations are associated with the right of way. I suspect that the protection strip may not be built over and must always be accessible for utility providers. Therefore, I see no chance for a garage in the area of the southeastern boundary.

I would reconsider that.

Me too.

If you keep the property open to the west, you’ll also get southern sun there on a terrace. Apart from that, as a working person, you won’t benefit from southern sun unless you work shifts. I definitely wouldn’t sit facing south because then you wouldn’t have much to look at except the driveway. But the building area is pleasantly large, so a solution can be found.

I roughly sketched how I imagined the whole thing. This way, I would basically have the terrace facing southwest. The only question is whether this works with the garage?!

That is a symbol for a tree to be planted. Point 6.1, subject to the missing points 6.2 and 6.3, I read it as meaning that somewhere within a radius of 5m around the center of the symbol a tree must be planted on your property, although your leeway is very limited due to the proximity to the boundary and the right of way.

Ah, great. Thanks for the information. Hmm, so the manhole covers are right at the boundary, but on the neighbor’s property. Does the 5m mean that nothing may be built within this circle at all, or could I place the garage like that and plant the tree behind the garage? There should be about 5m from behind the garage to the boundary.

Me too.

What would be your suggestion?

Yes. He means southeast (if the plan is oriented north) of the red rectangle outside the building envelope where the tree stands and the easement for the city is registered.

Ah yes. The "right" as it is now shown in #16, I would have simply called "down."

So I would basically have the terrace facing southwest.

And where is the house entrance?

Does the 5m mean that nothing can be built within this circle?

No, the circle is, as mentioned, just a symbol. When replanting, IMHO you only have to pay attention to the minimum distances to the property boundaries (§16, Neighbor Rights Act - NRG) and to cables. Later, when the tree is large, construction in the crown drip zone can be difficult.

Could I place the garage like this and plant the tree behind the garage?

Could work. Is the cable easement already secured by a burden and/or land register entry? Then you would know to what extent your property is affected.

What would be your suggestion?

Since I don’t value a south garden, I would place the garage on the southwest boundary and the house next to it on the southeast building boundary. Of course, this is no solution for sun worshippers. For a south-facing orientation, you have chosen the least favorable of all the still free plots. Is the northwest neighboring plot already taken?