Development plan: Garage on the boundary outside the building window

Thanks for the cadastral map, the boundary delineation is clearer here, but it coincides with the development plan. In our residential area, the water supplier has waived its right of way (remote water pipeline) for some parcels if they only touch the protective strip but do not cover the pipeline. I suspect something similar applies to you, the pipeline will run very close to your boundary and maybe you’re lucky and won’t face any restrictions. Neighbor 149/19 would be my first point of contact; he must know if he has something registered in the land register and maybe he also knows exactly where the pipeline is located.

Ok, exception of ridge direction is surely included, the question is how many other exceptions you want; if the list gets too long, the chance that it will be approved without much fuss might decrease.

I know from neighbor 149/19 that his carport stands directly on the canal and he probably had to sign that he will remove it if something needs to be done on the canal. This is presumably also registered as a construction encumbrance on his property. I have learned from other neighbors that they have to stay 1.5m away from the canal. Unfortunately, little else is visible on the cadastral map from the geoportal. I am missing the legend for the red line that runs through our property. Does anyone know exactly what it is?

Thanks for the cadastral map, the boundary demarcation is clearer here, but corresponds with the development plan.

It does correspond with the development plan, but there are significant deviations (about 2m!) compared to the plan from #36. I tried to overlay the plans (see attachments).

Does anyone know exactly what this is?

These are the scope boundaries of the development plans. Unfortunately, the documents are not available online. I suspect that the line through your property belongs to the plan "Hinter Baumgarten II - 1. Änderung", but does not set anything there, since "Hinter Baumgarten III" applies to you.

With the development plan yes, but there are significant deviations from the plan in #36 (about 2m!). I tried to overlay the plans (see attachments).

Thank you very much for your attachment. You mean that the plan from #36 is too large? Unfortunately, that one is already a few years old and I don’t know if anything has changed since then

Unfortunately, my previous post cannot be edited. I took your plan and moved the house back again because I would like the garden facing south/west... The green line in your plan corresponds to the right of way, right? That means the house (approx. 13x10m) + garage (6x6) should actually fit there? What did you mean by deviations of about 2m?

You mean that the plan from #36 is too big?

No, its geometry does not match the cadastral map. It was probably created before the actual parceling, and the boundaries of the property were formed somewhat differently afterward.

What did you mean by the deviations of about 2m?

If you align the plan with two points on the cadastral map (I took the northern and the southern ones), the western one still fits, but the eastern one is offset by about 2m. So you better not use the plan. Of course, my plan is also inaccurate since it is only based on graphical foundations (estimated inaccuracies about 2%), but it should be sufficient for preliminary planning.

The green line on your plan corresponds to the easement, right?

Yes, taken graphically from the development plan. How binding and how accurate that is, I do not know. Therefore, be sure to check the land register and encumbrance register or obtain binding information from the municipality.

So the house (approx. 13x10m) + garage (6x6) should actually fit like that?

Yes, as long as the easement does not turn out to deviate from the development plan.

No, its geometry does not match the cadastral map. It was probably created before the actual parcel division, and the boundaries of the property were then formed slightly differently.

Hello Escroda, you are right. I also overlaid the plans with an image editing program last night. It seems that something has been changed again. Fortunately, it looks like it is to my advantage, as the space for the easement has now become somewhat wider. Thank you very much for your "keen eye" Another silly question: Can I already go to an architect with this information and he will then obtain the necessary information about the easement, land charge register, etc., or should I clarify that in advance?