Distance from terrace to property boundary

Hey,

in most federal states, it says that a minimum distance of 2.5-3 meters must be maintained from buildings to the property boundary, measured from the facade.

How does this apply to a terrace? I’m not quite clear on that. Does the end of the terrace count towards the boundary, meaning the above-mentioned distance applies and the distance area is thus "extended" in relation to the building with its distance area? Then a terrace is probably considered a structural ancillary facility, and in neighborhood law, if the 2.5 m is undershot, the neighbor’s consent is required.

Maybe someone can shed some light on the Saxon darkness here. ;)

Thanks!

I do not have genuine information on this, but instinctively it seems to me that a terrace is part of the building and does not have different rules.

As far as I know, the 3m rule for terraces did not apply to us. But on the other hand, do you really want that? The terrace only 1.5m away from the neighbor's property? You might as well sit down with him ^^

Hello, is it about your terrace or the neighbor's? My information is that terraces are permitted in setback areas, see [Landesbauordnung]. Deviating from that, something might only be stated in the [Bebauungsplan] or the neighborhood law of your municipality might restrict it (both hard to imagine).

Good morning,

first of all, the exact distance area could differ due to a municipal statute compared to what is stated in the SächsBO.

Now to the actual problem:

I base the following premises;
1. direct connection of the terrace to the existing building,
2. the terrace will not be covered.

I would not yet consider the terrace as such as a structural facility within the meaning of § 2 para. 1 sentence 1 + 2 SächsBO due to the used (construction) products, as in my opinion § 2 para. 10 SächsBO is not fulfilled.

However, embankments or excavations are considered structural facilities according to § 2 para.1 sentence 3 SächsBO.
So if one of these two possibilities exists, the problem of distance areas can already be triggered if the effect is like that of a building, § 6 para. 1 sentence 2 SächsBO. In conclusion, in my opinion this can only be clarified on site by inspection.

If neither an embankment nor an excavation is to be carried out, there is still the problem that the terrace as such is often considered an embankment and then we are back to the above-mentioned constellation with the distance area.

Summary:
Taking into account the described facts and the premises made, a distance area of three meters must be observed.

Side note:
To what extent the regulations regarding embankments, excavations, distance areas etc. are observed in everyday life is a different matter.

Brief clarification, this is not about my terrace.


Thank you for your explanation. Exactly that with the fill (up to 1m? or something like that) I have also read. So that it counts again as (own?) setback area. If one were to disregard that, the terrace would lie within the setback area from the house and would be correct (since the house maintains the 3m), even if the terrace now has less than 3m distance to the boundary?

Attached is another situation:

This neighbor wants to build a fence soon. Set back 15cm from the boundary on his property. But now my later terrace lies somewhat below his terrain. There is a slope from north to south. Our northern neighbors have to hold back against the southern neighbors. That is also being done. No problem. But now there is also a slight slope from west to east. He is the western neighbor. He says he is on the original terrain and therefore does not have to hold back. It feels like a step of 30-50cm could occur. Currently, I still have an earth embankment made from excavation material from the house construction at the boundary. That will be distributed soon so it will be easier to see. He says I excavated deeper and therefore he is out. Excavating deeper on my side would not even be possible, as otherwise I would be lower than the street. But that is not the case.
Here is a picture where you might even be able to see it. I am standing on the street, then the earth embankment in the background on my property, behind that the VW bus of the contractor, where you can see the wheels despite the embankment from my shooting position and I am not a giant.

In the 2nd picture you can see the chairs and table on his terrace behind the embankment in the background. He can’t be on the original terrain there, can he?

Opinions on this?