Garage wall height on the property boundary on sloping terrain

Hello experts!

Is there a way to build a garage on the property boundary (only due to sloping terrain at this point!) that is on average over 3m high in a new development area? (The development plan does not provide any specifications for this.) The garage should be accessible from the house and is therefore already lowered by 3 steps to the house. Unfortunately, it is not possible on the other side of the property, as it would not be accessible from there due to rising terrain and the property width, given the prescribed ridge direction, no longer allows it. The neighbor also wants to build his garage at the same spot on the boundary against ours, but does not have a height problem because his property lies further downhill along the street, and thus both his house and driveway are lower.

Many thanks in advance for the answers.

Best regards, scooter.

Hello Scooter,

basically that is possible, but in most federal states only with the registration of a building encumbrance (afaik this is also the case in Thuringia). It should also be noted that in the building application the height of the (unchanged) original terrain must be adhered to and the building permit is based on that. For proof of excavations/fillings, terrain heights of neighboring properties must also be recorded; this is often neglected and later leads to problems.

As a rule, you are also free to alter/level the terrain within a certain range (often 50-100cm, stated in the development plan - if nothing is stated there, the regulations of the state building code and/or the building code apply), but this must then be done across the entire area and must not only locally conceal a garage that would otherwise not be approved.

You will need a surveyor/publicly appointed surveying engineer for the later surveying of the building anyway; if you are both still in the planning phase, involve the immediately or ask your architect if a surveyor has already been engaged, so they can show you the various solution options.

Best regards Dirk Grafe

Hello Mr. Grafe,

Thank you very much for the quick and competent response!

If the neighbor agrees to a building encumbrance registration, is the approval then still at the discretion of the building authority or must an approval then be granted??

[Zur Geländeveränderung steht noch nichts im Bebauungsplan. Dieser soll allerdings zu Abgrabungen und Aufschüttungen auf 1,5m Begrenzung im derzeit laufenden Änderungsverfahren geändert werden.]
Whereas the sloping terrain at the property boundary is anyway created or intensified by the development measures and has now been further pushed down by construction vehicles driving over it.

Best regards
scooter

Hello Scooter,

I could not quickly find anything in Thuringia, so here is only the procedure in NRW as a guideline. Thuringia may have different regulations:

Building encumbrances are basically public-law entries tied to the specific building permit, i.e., the building authority examines whether the encumbrance is necessary. If it is required, usually a site plan is prepared, the building authority drafts a corresponding text that states the purpose and aim of the encumbrance, and the neighbor or owner of the encumbered property must agree to this agreement in writing either at the notary or the building authority. Oral or private-law agreements are invalid. Corresponding site plans in NRW must be prepared by a publicly appointed surveyor!

Before taking this route, one should, however, explore together with the architect and a publicly appointed surveyor whether there is a solution without registering a building encumbrance, because this can (depending on state law) have far-reaching and costly consequences (also for the neighbor!).

Best regards
Dirk Grafe