Distance area exceedance with consent

Hello everyone,

I have a concern and wanted to reach out to the experts here in the forum. Unfortunately, I didn’t get any wiser through Google.
Here’s the situation: a single-family house is to be built on a plot of approximately 369 sqm.
The plot is 16 meters wide, and there is a 3-meter distance required from the property boundary. On the neighboring property live Grandma and Grandpa. Is there a possibility to reduce the distance to the property boundary in the direction of Grandma and Grandpa to about 2 meters? So that even if someday someone other than Grandma and Grandpa lives there, you don’t get into trouble for infringing the boundary? It would also have to be recorded that if someone ever wants to build on Grandma and Grandpa’s neighboring property, they would have to keep a distance of 4 meters.

Or would it be more sensible to transfer 1 meter from property A to property B? Is that even possible? What does something like that cost?

Thank you in advance. I hope it’s clear what I want to express with my question.

Look under the heading "Abstandsflächenübernahmeerklärung"

Grandma and Grandpa can sign this. It then must also be recorded accordingly in the land register (costs!) and ultimately means a depreciation of the property on which such a transfer declaration lies. So if you later want to sell the property from Grandma and Grandpa, then that is clearly a financial loss. If it stays in the family, those who want to build there are the ones who lose out, because they have to observe the larger setback area. If it is a very large property where this does not matter, then it is not so bad, but if it is rather small, like yours, then it could be a problem.

Each 3m to the property boundary: here with us (Bavaria) that may only be used on two sides of the property, the other two sides must keep a greater distance from the property boundary. Check that out!

Either a distance area easement is registered on the neighboring property, which, as already described by Climbee, means a depreciation and usage restriction upon sale and development of the other property, including the larger boundary distance of 4m. A redivision of the property by purchasing a 1m strip including the official boundary registration can involve a four-digit amount charged by a surveyor, depending on the effort. I would want to avoid that.

A net width of 10m of the property should absolutely be sufficient to develop a reasonable floor plan. Suitable floor plan solutions have also been found for considerably less favorable situations; this is where the architect is needed. If the prefabricated house naturally has a certain size, the property must adapt to the house and not vice versa. The popular and unavoidable garage may be built within the distance areas of the property, but only with this designated use.

exactly that was what I was looking for. thank you very much. also thanks to wpic

Thread can then be closed

Small addition:

The subdivision in NRW is definitely associated with four-digit costs, plus the notarial contract, ancillary costs, etc. pp.

Cheaper here is the compulsory registration of a setback easement, which is registered in the easement register (explicitly not: land register!). If you want to overbuild the boundary, e.g. with a garage, additional costs for an overbuilding easement and/or unification easement will incur – no matter how you solve it, four-digit sums will also be involved here.

The simplest solution is to plan the house with a width of 10m; only when other boundary conditions require an easement or possibly subdivision should you get in touch with a surveyor to weigh the respective costs and benefits against each other.

Without plans, as always, not finally assessable, but it does not sound so complicated that an easement would necessarily be required.

Best regards
Dirk Grafe