Escroda
2017-06-08 07:48:42
- #1
You are right, the decisive factor is the State Building Code, here the Bavarian Building Code (BayBo), see Article 9 and Art. 63(6).
Which version is that?
If the OP has quoted everything regarding enclosures from the development plan and there are no other local building regulations (design statutes etc.), the BayBO applies:
Art. 6 Setback areas, distances
...
(9)
Within the setback areas of a building as well as without own setback areas, even if they are not attached to the property boundary or to the building, the following are permitted
...
3. Retaining walls and closed enclosures in commercial and industrial areas, outside of these building zones with a height of up to 2 m.
and
Art. 57 Building projects exempt from procedure, removal of installations
...
7. the following walls and enclosures:
a) Walls including retaining walls and enclosures, privacy fences and terrace partition walls with a height of up to 2 m, except in open countryside, ...
If you erect the enclosure on your own authority, i.e. without the involvement of the neighbor, which is not recommended, you must build it entirely on your property, you are solely responsible for its construction and maintenance, and you alone bear the costs for its creation. The height counts from the natural ground level of your property to the top edge of the wall/fence. Up to 2 m means including 2 m. But since the ground surface is the reference, we are talking about a tolerance range of approx. 5 cm (in case of dispute, a court might apply a different tolerance).
Fence height is regulated by the State Building Code and not by the Neighborhood Act
It depends on the federal state. In NRW, for example, both must be considered; in Bavaria, there is no Neighborhood Act.