Disadvantage of a building encumbrance in our specific case?

Suppose a new buyer would completely redesign his property so that he has to maintain a distance of 3 meters to our property for residential buildings, but is allowed to build a new garage directly next to ours? Or does he even have to build further away because of this encumbrance?

It depends on the encumbrance. If the privilege is lost, there are usually two possibilities for the encumbrance: obligation to attach or distance area. The former leads to a "yes" for your first question, the latter to a "yes" for your second question.

Is it perhaps sufficient that the neighbor agrees to the city?

Some building authorities accept such neighbor consent. However, there is no legal claim. Just ask.

If we have the plot filled up so that the terrain no longer slopes and the surveyor comes again and measures, maybe then the garage may have this 3-meter height?

The natural ground surface applies. So, filling up changes nothing. But if the natural terrain hasn’t been documented for a long time, it might still work. As a surveyor, I would find it too risky.

It only becomes a complete shoe if you additionally obtain the private-law obligation of your neighbor

Your statements are completely correct for path, utility line, and parking space encumbrances. However, for attachment or distance area encumbrances, registration in the land register is not necessary.

Is that even possible?

Yes, it is possible if the garage meets the conditions for the privilege (§6 (8) Building Code NRW).

Otherwise the garage is not "approvable". Your neighbor cannot change that.

Yes, unless the development plan also prohibits it.

Is that really so?

No.

I thought it eventually expires

Yes.

Yes, unless the development plan also says otherwise.

Hello Escroda

To my knowledge, in NRW a garage built on the boundary must not exceed an average wall height of 3 meters.

Steven

Yes, she may. Only that then she is no longer privileged under the spacing regulations and triggers spacing requirements just like, for example, a residential building. Thus, the same rules apply as if a residential building were to be constructed on the boundary. Therefore, it is important to pay close attention to the wording of an attachment obligation so that one does not accidentally authorize the neighbor to set their entire house on the boundary. §6 Bauordnung NRW (1) ...A spacing area is not required in front of exterior walls constructed on property boundaries if, according to planning law regulations 1. construction must take place on the boundary, That would be the case, for example, if a development plan mandates contiguous development. or 2. construction may take place on the boundary if it is ensured that construction on the neighboring property will occur without boundary spacing. That would be the case, for example, if the neighbor agrees or an attachment obligation is entered in the register of encumbrances. (2) ... Spacing areas may extend wholly or partially onto other properties if it is secured under public law that they are only built over with structural installations permitted within the spacing area That would be the case, for example, if the neighbor assumes a spacing obligation on his property. All of this, of course, on the condition that no other public law provisions are violated.

Yes, she may. Only that then she is no longer privileged under the setback regulations and triggers the same setback requirements as, for example, a residential building.

Hello Escroda

then yes!
But this is not the case with the thread starter or no longer possible. Since the neighbor already has a garage on the property boundary, he cannot provide a setback area on his property as a construction load. This only applies if he tears down his garage, which is probably unrealistic.
So: Garage max. 3 meters high.

Steven

But that's not the case with the thread starter or no longer possible.

Yes.

Since the neighbor already has a garage on the property boundary, he cannot provide a setback area on his property as a building encumbrance.

Yes. §6 Building Regulations NRW (8) In the setback areas of a building as well as without their own setback areas, even if they are not attached to the property boundary or the building, the following are permitted: 1. Garages and buildings without habitable rooms, covered underground garage driveways, elevators to underground garages and fireplaces up to 30 m3 gross volume with an average wall height of up to 3 m, even if they provide access to another building, ...

Only if he tears down his garage.

No.

So: Garage max. 3 meters high.

No. Obligation to attach - finished

Hello Escroda

and how do you solve the max. 3 meters?

Steven