Enclosure to the neighbor according to the development plan

Hello,

some time ago we moved into our new house. Our neighbor requested a privacy screen between the properties, so far everything is fine.

Fences are only permitted according to the development plan as deciduous hedges - also with integrated or erected fences on the inside of the property - permitted. The fences must not exceed a height of 1.80m.

We would now prefer this fence on the inside or have it on the public areas as well. On the public areas this is also not a problem, hedge on the public side, conditions fulfilled.

The problem now is that this does not work on the direct borders to the neighbor. According to the requirements of the development plan, one or two hedges would have to be on the border, which can then each have inward-facing fences to the properties. I would have this built like that, but it doesn’t really seem quite right.

The statements made at the time by the ladies and gentlemen from the building authority during the meeting with the new property owners were that the city would not interfere and the neighbors should settle this themselves, but now, after complaints from outside, no one wants to know anything about it anymore. Over 90% of the fences currently standing in the building area are now, of course, on the border and there are only 1 or 2 properties where hedges are included, probably more by coincidence. With wire mesh fences this is of course somewhat easier to change.

For all neighbors with opaque fences, I have now heard from another neighbor that the city now wants hedges planted on both sides, which was not intended and we do not want that either. We would probably have completely avoided the fence, but we do not have a problem with one either.

I now suspect that the city had a different idea about the inward fences but simply did not consider that with this it has effectively legitimized 1.80m closed fences of any kind.

If there were a hedge on the border, which neighbor would then have the right to the fence? I am currently a bit at a loss as to how we should proceed, especially since this also makes little sense in terms of external appearance, as fences with hedges are anyway around, and the whole thing would not be visible to outsiders anyway.

Maybe I just simply misunderstand the part of the development plan and its interpretation.

Regards Sascha

I would put up a 1-meter high chain-link fence. I would not like a hedge on or immediately next to the boundary.

Because keep in mind a hedge has to be trimmed regularly.
Who does this? Do you then have to trim the side of the hedge facing you yourself or will the neighbor, who wants the privacy screen, come over to you to do it?

And I am sure that eventually there will be disputes because you are not responsible for the hedge side and therefore are not allowed to touch it, except with permission, you also do not feel like constantly trimming a foreign hedge, and the neighbor does not feel like trimming on your side either.

Put up a fence on the side you are responsible for and require the neighbor who has to build an enclosure to your property to also put up a fence.

If the neighbors then plant a hedge on their property at an appropriate distance from the boundary, I wouldn’t care.

Also take a look at the [Nachbarschaftsrecht] that applies to you.

Friendship ends at the chain-link fence...

Fence to fence... and please make sure to demand that too... one really has to ask oneself if things are still working properly up there.

The question is, must or may.
Quotes are unfortunately out of order, but you write “who is allowed to put up a fence now.”
For us, it is still the tedious duty; after all, a fence costs money.

A hedge directly on the boundary is not allowed, a fence of course only on one’s own property.

Since the fence is not a must, but it is about privacy, you and the neighbor could put up a tall hedge on the boundary together, each can take care of one side. You just have to agree. That's how we did it with our neighbors. Or they with us....K.

A question of distance. You would have to build the fence in such a way that the hedge behind it still has plenty of space to the boundary, so that you can easily walk past on your land and regularly maintain your hedge. For an average hedge, that would be at least around 2m. The fence would therefore be more than 2m away from the boundary. Who wants that? So it's better to choose the common option and plant the hedge in front of the fence, instead of behind it.

Presumably, the city would also only approve one hedge if you can come to an agreement with the neighbor. But I would not assume that at first.