Is privacy screening permitted at the property boundary? - Legal interpretation?

  • Erstellt am 2018-12-02 09:10:31

HoPaMü

2018-12-02 09:10:31
  • #1
We want to build a pool soon and a corresponding privacy screen around it. Our property (in Bavaria) is located at the front on a street; behind the house, there is an approximately 7-meter-wide green area behind our garden fence, followed by a path for pedestrians (and beyond that, further properties). The privacy screen should partially replace the garden fence as a boundary to the green area.
The development plan contains the following regulation regarding garden fences / privacy screens for our property:

"FENCES:
Type and execution: Only wooden fences or metal fences with vertical slats are permitted towards traffic areas.

Base: Not permitted

Height: At least 1.00 m and a maximum of 1.20 m measured from the upper edge of the sidewalk or street
".

According to this regulation, in my opinion, we may only install a fence with vertical slats at a height of 1–1.2 m towards the street. There is no regulation for the green area side. Here, a privacy screen about 1.80 m high could be installed without problems.

Now my questions:
Does the passage FENCES of the development plan regulate my matter? Or is there usually another passage for this?

Is my above legal interpretation correct?
What should be considered, if anything?

I am aware that normally contacting the municipality about this issue would be the easiest way. However, I have the problem that the respective municipal representatives do not put much stock in the law and rather follow the principle "regional law trumps state law."

Thank you very much in advance.
 

nordanney

2018-12-02 11:14:10
  • #2

Enclosure is the demarcation of the property. I don’t know the neighborhood law here in Bavaria (you can google that), but here in NRW we have similar regulations.
That means, on the property 120cm enclosure and then on the property another separate (say 180cm high) privacy screen by the pool is possible if you also need protection from the street.
Probably no requirements for the green area except that you must not be higher than 200cm (probably according to neighborhood law).
 

tomtom79

2018-12-02 12:00:00
  • #3
If you set back on your property, are you then allowed to build higher?

We have a similar problem; our retaining wall is along a slope, but in some places already at the maximum height of about 1m on the street side.
Therefore, after consulting with the building authority, if they do not allow an additional fence, I will simply set back 50cm on my property and plant Thuja there, which are then allowed to grow up to 1.8m high.
 

hanse987

2018-12-02 15:47:26
  • #4
Are there any specifications regarding a visibility triangle in the BP?
 

Escroda

2018-12-02 17:14:46
  • #5

It is always difficult to draw conclusions about the overall picture based on a puzzle piece. Unless there are other formulations in the development plan or other local statutes that provide regulations deviating from state law, I see no problems for your project. There is no special neighbor law in Bavaria, and the Gesetz zur Ausführung des Bürgerlichen Gesetzbuchs (AGBGB) contains no provisions in this regard, so your 180cm fence does not trigger a setback requirement under BayBO.

Art. 6 Setback Areas, Distances
(9) 1In the setback areas of a building as well as without separate setback areas, it is permitted, even if not attached to the property boundary or the building,
...
3. retaining walls and closed enclosures in commercial and industrial areas, outside these development areas with a height up to 2 m.


and is exempt from approval:

Art. 57 Procedure-free Construction Projects, 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 up to 2 m, except in the outer area, ...


What is normal anyway? I consider the passage you quoted to be ambiguous and incomplete, but that does not mean that "your" city planners share the same opinion. As I said: A puzzle piece does not make a picture.
 

HoPaMü

2018-12-03 18:45:47
  • #6
Thank you very much for the numerous feedbacks. I had assessed it similarly.

Regarding [Sichtdreieck] there is no passage...

I think the idea of "indentation" is great, so that it will definitely be unproblematic...
 

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