Fall protection on height changes (partially over 1.00 m)

Unfortunately, I could not find any answer/help for my problem via Google. Our property is not really on a slope, but still has a height difference compared to the surrounding sidewalk and street. This height difference was leveled with L-shaped stones, and hedges were planted along the L-shaped stones (inside, that is on the filled height... in other words, at our level). Since these hedge plants, unfortunately, have somewhat fallen short of expectations in terms of growth, I have been considering, because of our child, whether to erect a fence and how. Then a friend pointed out to me that above a certain height (Ba-Wü 1.00m) a fall protection in the form of a fence is mandatory, so I have now measured. The fall height ranges from 40cm up to 102cm. Due to the profile, the L-shaped stones occasionally have a small step, meaning it reaches up to about 98-99cm fall height and then there is an offset and it is again something like 85cm rising until in the last meter of the property it actually exceeds 100cm. How is this to be assessed now? Clearly, in Ba-Wü from 100cm a 90cm high fall protection is required, but how does it apply with a height profile in our case? Purely from a safety perspective, I am thinking about a fence anyway, but I am more concerned about the legal side. Must a fence be installed only on the small section where it exceeds 100cm fall height? Or already before that, since it is sometimes just under 100cm? Does an individual assessment by the building authority have to take place here?

And how is a hedge actually to be assessed, does it also count as fall protection? At the moment certainly not, since the individual hedge plants are far too narrow and the gaps are therefore relatively large. But assuming that they eventually grow large and dense, would they then meet the requirements for fall protection? I could imagine that an adult and possibly heavy person could still fall through the hedge.

I also didn’t understand the thing with the fall protection. From the natural stone wall edge, you can easily fall 3 meters from our driveway. Nobody cared.
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But at the house entrance, it did matter, so we built a simple robinia wood fence.
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Our patchy and certainly not exactly trip-prevention-optimized natural stone staircase to the east side of the terrace was approved again.


Conclusion: Just ask the person who is approving all of this.

"Accepted" is all that already, for me it's more about whether I have to pay for the fence from my pocket or if the construction company that made it has to. Why do I put accepted in quotation marks? Because here with us, you can't count on that at all... brutal corruption in the whole area. The authorities here are satisfied upon a phone call. Deficiency lists are created roughly and reluctantly at the first inspection, but the construction company then reports to them "everything completed," although nothing has actually been done, and it is not checked.

"Everything has already been 'accepted', I'm more concerned about whether I have to pay for the fence out of my own pocket or if the construction company that made it has to pay. Why do I put 'accepted' in quotation marks? Because around here you can't trust that at all... brutal corruption in the entire area. The authorities here are satisfied with just a call. Deficiency lists are grudgingly and roughly created upon first inspection, but then the construction company reports 'everything completed' even though nothing has been done, and there is no follow-up inspection.

Logo from your pocket? Or does your construction contract state retaining wall with fall protection? That would be like if I order a new Audi and later wonder why I didn't receive the SLine package.

Logo from your pocket? Or does your construction contract state retaining wall with fall protection? That would be like ordering a new Audi and later wondering why the S-Line package wasn’t delivered to me

Very very bad comparison. A fall protection must be in place on a balcony or floor-to-ceiling window just the same, it is no different and is also required without being explicitly mentioned.
The S-Line package does not change the mandated safety on your Audi. Brakes, on the other hand, do.

There must be a fall protection on a balcony or floor-to-ceiling window just the same

You can also have it without, but there it is somehow clear to everyone.

Who did you commission and on what contractual basis?