Does the required distance apply to the neighbor's house or the garage?

Hello everyone,

we are considering demolishing a garage on the property in order to build a residential house there. As laypeople in this field, we have done some research on the internet but still have a few open questions regarding the legal regulations.

In this case, we would like to remove the garage of house no. 7 (light grey at the western edge of the property) to build a residential house there.



Our two questions to the professionals are

[*]The two properties (house no. 5 and house no. 7) each have a garage (both light grey) facing each other. According to measurement, the garage of house no. 5 is approximately 4.50m wide. Does this garage width already count towards the distance area? In other words, must the required distance be maintained between the two residential houses or already from the garage of house no. 5?
[*]How is the required distance calculated in Bavaria? Is it 0.5 * the ridge height of the newly built house?

Thanks for your help!

Best regards, Max

Does this garage width already count towards the separation distance?

A garage, as long as it does not exceed the dimensions specified in Art. 6, paragraph 9 BayBO, is privileged regarding separation distances, i.e. it does not trigger separation distances and may be located within the separation distances of other buildings.

So must the necessary distance between the two residential buildings be maintained or already to the garage of house no. 5?

The necessary distance from the residential buildings to the property boundary must be maintained.

How is the required distance calculated in Bavaria?

If there is no relevant local statute or if a development plan prescribes other regulations, the distance is to be calculated according to Art. 6 BayBO. So you need the ground level, the wall height (eaves height), the roof pitch, and the ridge height.

I agree with escroda, simply put: if nothing else is regulated and you have to find that out at the office, then your new living space must maintain a minimum distance from deiner Grenze, so you cannot just remove the garage and replace it with living space..