Is border construction over 9 meters allowed in Saxony?

  • Erstellt am 2020-05-12 19:09:05

Stefan890

2020-05-12 19:09:05
  • #1
Hello,

we plan to build a carport with a tool room (length 7.5m) directly on the boundary. Additionally, we would like to place a garden house (not a living room, length approx. 3.5m) on the same boundary. In total, we would thus build 11m along the boundary. According to building regulations, however, this is not permitted in Saxony. Since a boundary may only be built up to 9m without a setback area. The neighbor would agree to the boundary construction, as he built a garage at the same height (however with 3m distance to the boundary) and thus it does not obstruct his view. Therefore my question is: would construction with the neighbor's consent be possible?
 

Escroda

2020-05-12 19:43:32
  • #2
Yes. §6, paragraph 2, SächsBO Abstandsflächen sowie Abstände im Sinne des Satzes 1 dürfen sich ganz oder teilweise auf andere Grundstücke erstrecken, wenn rechtlich gesichert ist, dass sie nicht überbaut werden. What this specifically means in Saxony, I do not know. In NRW, instead of "rechtlich" it says "öffentlich-rechtlich" and therefore means a secured obligation through Baulast. Maybe it is less bureaucratic with you.
 

Stefan890

2020-05-12 19:57:11
  • #3
Hello ,
thank you for your reply. The neighbor would be willing to confirm an informal letter. However, if a building encumbrance must be registered, my chances are slim.
Would it be advisable to consult the building authority?
 

hausnrplus25

2020-05-12 20:53:23
  • #4
The country NI has a special form "Zustimmung vom Nachbar" which can be added to the building application.
 

Fuchur

2020-05-12 21:35:19
  • #5
Legally secured means [Baulast]. Because in the event of a sale by the neighbor, your "contract" would suddenly be worthless.
 

Lumpi_LE

2020-05-12 22:40:28
  • #6
In cases like this, I'm of the opinion that where there is no plaintiff, there is no judge... A tool shed is also not an investment where it would be the end of the world if someone demands its dismantling in a few years...
 

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