Height of the fence to the neighbor and windows in the boundary construction

Our dear neighbors... I have already mentioned something a few times.

But anyway: both of us (so also the neighbors) want a privacy fence between our properties. So far, we had planned to have a garden landscaper draw up a proposal for the garden design including this privacy fence and then coordinate it with the neighbors.

In the meantime, a lot has changed and we will no longer do the coordination, but we want to put up the highest possible fence.

As far as I know, I can put up a fence up to 1.80 meters high without further approval.
My question: from which ground level? We have a slightly sloped plot and on the side where the privacy fence is planned, we will not raise the terrain, but we will let the terrace extend into a balcony. So underneath there will be no retaining wall, just support pillars on which this "quasi"-balcony rests.
The height difference to the neighbor will be around 100 - 110 cm at the highest point.
Am I allowed to measure the 1.80 meters from my (higher) level or is the natural ground level decisive?
In the building permit, a retaining wall was still planned at that spot, which, as mentioned above, has now been replaced by support pillars (this is the current status of the planning; if we need the wall to achieve the 1.80 m privacy fence, we will build a wall there).

Second pain point:
The neighbor has his garage standing on our boundary and there is a (not approved and not registered in the land register) window in the boundary wall facing our property. It is a normal wooden window that can be opened. There were even shutters mounted there (which protruded onto our property), but only the brackets remain (which still protrude about 15 cm onto our property).
As far as I know, it basically has to be a fire protection window according to f90—but I don't care, that's for him to sort out with his fire insurance.

We are bothered by the shutter brackets protruding onto our property, which you can catch on because they are simply in the way. Also, after some incidents, we would like this window to be non-openable and so that they cannot peer onto our property there (we actually want to create our main terrace there). With a good neighborhood relationship, it wouldn't bother me at all, but here...

For Bavaria, the so-called window defense law applies (Art. 43-45 AGBGB):
Windows and light openings of any kind, whose distance from the property boundary is less than 60 cm, must be designed, upon request of the neighbor, so that up to a height of 1.80 m above the floor level of the lit room (i.e., about at head height), neither opening nor looking through is possible. The use of opaque glass blocks is not expected to affect the neighboring property; therefore, building exterior walls with light openings made of this material are allowed within the protective strip of 60 cm.
And I found the following about this:
A peculiarity of the Bavarian regulation is that it refers to the use of the neighbor's property. It must be either built upon or used as a courtyard or garden for the owner to invoke the window defense law. If a building is erected later on a previously undeveloped plot, the window defense law may be exercised from that point onward, with the consequence that windows within the boundary distance in exterior walls on an adjacent property must be arranged according to the requirements of Art. 43 AGBGB upon the neighbor's request.

That would mean that I can demand that the window be rebuilt accordingly, right?

Can I also plan something in front of the window? The wall looks awful, we will definitely do something there as part of the garden design, and it will not end up with me painting the neighbor's wall every two years (unfortunately, he has installed verge boards on the boundary side and no gutter where water can drain off, causing drip edges on the wall—even if we paint there, after two years it looks like that again). To what extent do I have to take the window into account? Or could I simply put up a wooden fence in front of it?

What happens with the really annoying brackets? Are we allowed to just remove them or do I have to ask the neighbor to remove them?

Here is a picture (from ages ago—where the little tree was, there is now our garden furniture *g*), so you can imagine it:



If you look closely, you can also see the brackets (we will just leave it that the windowsill also protrudes onto our property).

We are currently planning the garden and these questions are burning under our fingers right now.

As far as I know, I can erect a fence 1.80 meters high without further approval.

Where do the 1.80m come from? IMHO 2m are allowed (Art. 6, para. 9, 3rd and Art. 57, 7., a) BayBO)

Is the natural terrain profile decisive?

Yes.

As far as I know, it basically has to be a window according to f90

Not if the building has no more than 50m³ gross volume (Art. 28 (2) 1.)

That would mean that I can demand that the window be modified accordingly, right?

I see it the same way.

Can I also plan something in front of the window?

Difficult. In our area of NRW the legal situation is clearer. If it has been tolerated for three years, private law claims can no longer be enforced. However, it might still be possible to try via building law if you can get an official to take action. I cannot say anything about the transferability to Bavaria.

Are we allowed to simply remove them

Absolutely not! That would be property damage. Set a deadline for removal and demand an encroachment rent according to §913 Building Code.

Thank you Escroda!

I first had to read up on what an "Überbaurente" is. But for what? Because of the holders extending over to us and the window sill? The wall itself is exactly on the boundary. And how is the height measured there?

I was also thinking about the deadline for removal - if it is not met, can I then hire a specialist worker and claim the costs?

The natural terrain slope is of course now a problem for us, we would prefer it higher. We will have to discuss it with the neighbors after all, because I think a higher privacy screen is also in their interest.

Not if the building does not have more than 50m³ gross volume (Art. 28 (2) 1.)

It is a large double garage, so it should easily have more than 50m³.

Because of the holders protruding into our property and the windowsill?

Yes.

And how is the height measured there?

It is rather meant as a threat scenario so that the neighbors will take action. Basically, you can demand whatever you want. If the neighbors don’t pay, you can sue for it. In between, there should be a mediation suggesting to leave the windowsill and remove the holders. The neighbors will agree to the compromise and you will have achieved what you wanted.

If they don’t comply, can I then hire a professional worker and claim the costs?

You can do that – IMHO not legally tenable, but you have created facts and the neighbors are now in the position to take legal action. It is less risky for them since property damage is a criminal offense and initially only the state proceeds against you. Too much time has passed to apply § 859 Self-Help of the Possessor of the Building Code. But § 1004 of the Building Code might fit; maybe can say something about that?

We will have to talk to the neighbors after all

Very good idea!

It’s a large double garage, so it should easily have over 50m³.

Then public building law could also come into question if the talks go unsatisfactorily. You just have to find someone who will take up the matter with the authority. Do you know anyone at the fire department?

I would say instinctively natural terrain progression. Anything else would be nonsensical regarding your height restriction.

I see no damage or destruction with proper disassembly of the holders. Therefore, no property damage. However, I am not familiar with the case law in detail.