Distance regulation NRW, L-stones + carport

  • Erstellt am 2020-11-27 13:58:26

Onik900

2020-11-27 13:58:26
  • #1
Good day,
I would like to ask for some advice.
My neighbor has built his building about 80 cm above my house.
He now wants to secure the boundary with 80 cm high L-shaped stones and build 2 double carports with hipped roofs, each 6 meters long, on top of them. (4 parking spaces)
Is all of this allowed?
The permitted average wall height is 3 meters. How is this exactly calculated? With or without the roof?
And from which ground level is the average wall height measured? From my ground or the neighbor's, which is 80 cm higher?
Carports with hipped roofs are really very tall. I fear that I will have a 12-meter wall with a height of 3.80 meters in front of my terrace.
The buildings are located in NRW. Unfortunately, I cannot find anything about this in the development plan.
Thank you very much in advance.
 

11ant

2020-11-27 14:41:56
  • #2
Wall height means (since NRW is not Berlin) also in this application case without roof. To my knowledge, this counts from the original ground level if the development plan does not specify otherwise. Unfortunately, the specialist concerned was driven away here (not by members!) :-(
 

Isokrates

2020-11-28 21:33:58
  • #3
Hello,

Briefly beforehand, Escroda would actually be the predestined expert for this question. But if he is indeed no longer active here, which in my opinion would be an extreme loss for this forum, I will answer this here. However, building law, except for private needs, is not actually the legal area I usually deal with, and accordingly the following is also an amateur opinion. But that’s why you came to this forum, I assume.



Relevant here is § 6 para. 4 Building Code NRW.

The calculation is basically made from the existing ground surface of a property. However, it is questionable how your neighbor submitted the building application and what exactly was approved here and, above all, what is stated about the ground heights in the development plan.

Regarding the inclusion of the roof in the height, it depends on the roof pitch, how much is added here to the actual wall.

Furthermore, it should be said that § 6 para. 8 no. 3 Building Code NRW allows a maximum boundary construction to a neighbor of 9 meters in the case of a carport and that only up to a gross volume of 30 m3 (§ 6 para. 9 no. 1 Building Code).

In my opinion, a double carport would already be problematic in terms of gross volume.

In summary, a violation by the neighbor could alternatively be present regarding the following points (one, several, or all):
Exceeding:
1. Average wall height
2. Gross volume
3. Maximum boundary length

Of course, this does not replace legal advice

Best regards
 

ypg

2020-11-29 01:55:04
  • #4
This naturally refers to the original surface, not the +80cm :)
 

Zauberwesen

2020-11-29 18:58:55
  • #5
What happened to Escroda? Who upset him?:mad::mad:
 

11ant

2020-11-29 19:18:47
  • #6
As I said, not the members. The handling of key accounts still has "room for improvement" here ;-)
 

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