Insulation in existing boundary construction

  • Erstellt am 2013-09-26 11:39:56

infinite_sea_83

2013-09-26 11:39:56
  • #1
Hello,

we have looked at an older house that is for sale. It is a terraced house. Besides other renovation work, insulation would need to be installed on the whole house. Two problems/questions arise:
1. Is it allowed to install insulation on the side facing the neighbor's property boundary if the house then extends into its plot accordingly? According to the real estate agent, the neighbor apparently has no problem with this and would be happy if this facade side looks nice again. Can one simply get a written consent from him for this?
2. The roof overhang is already very small, so it would have to be extended on all sides if insulation is added. How complicated is that? Who can do it? Are any permits needed for this? (This naturally also concerns the side facing the neighbor.)

I really hope you can help me (quickly).

Thank you very much!
Kathi
 

Der Da

2013-09-26 12:11:07
  • #2
With the registration of a building encumbrance, this should not be a problem. The only question is how the neighbor then views the project. Without a building encumbrance, your neighbor's written declaration is worthless, should he ever have to inherit or sell... The subsequent owner may insist on their property boundaries.
 

AallRounder

2013-09-26 20:13:30
  • #3
The legal institution of the building encumbrance is, in my opinion, dependent on the federal state and is not common in BY and BB - where the house apparently stands. In BB, the neighbor, in my opinion, has a one-year objection period against neighbor-related measures, such as the so-called "encroachment," which arises, for example, through insulation on the boundary wall. If the project is materially permissible under public law, compliance with private law neighborhood regulations is not the responsibility of the building authority but of the neighbors. If the affected neighbor lets the objection period expire without action, the measure is considered (implicitly) approved. To also secure oneself against the legal successor, a private law easement must be established there.

Furthermore, the so-called "hammer blow and right of way" must be observed if the neighboring property needs to be entered for construction measures on the own wall. Registration deadlines and, if applicable, compensation payments to the neighbor must be observed.

Obtain the applicable neighbor law of the respective federal state and first clarify your legal position. The state ministries of justice also have generally understandable information brochures (mostly also available on the WWW), in which the most frequent questions are answered.
 

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