Is the neighbor building legally and how do I find out?

  • Erstellt am 2022-04-12 19:57:51

Yaso2.0

2022-04-13 21:50:28
  • #1


Apart from whether it is legal or not, does it bother you?

Based on your posts, I couldn’t tell that the construction itself bothers you, but merely the fact that someone is doing something there that they might not be allowed to.
 

ypg

2022-04-14 08:38:18
  • #2
Benutzer200 has set it: The floor area ratio includes the house and terrace. For ancillary facilities, 50% can be added.
 

Sauerlandkind

2022-04-14 09:43:31
  • #3


Yes, it bothers me quite a bit. The plots here are all roughly between about 500-800 sqm, which means, of course, you notice a lot from your neighbors. The new neighbor has his 3m-deep terrace (that is the distance from his house to ours, and there is no more space on the property except for the driveway and garage) directly adjacent to our property. In addition, there is a large structure that casts a shadow and from which the new neighbor looks into our garden from his windows. Aside from that, I find the planned building visually unattractive (of course subjective), but objectively it doesn't fit with the existing buildings at all.



No, the plot is apparently not going to be divided. Instead, the new construction is to be done as a partial annex to several house walls (everything is very convoluted).

Regarding the setback of a shed roof, my calculation of 3.80 m for a shed roof with a high side facing me seems to be correct. However, this is probably overridden by the special provision that buildings of building class 1 only need 3m distance if they are not higher than 7m (and here the height of the topmost floor probably counts).

Regarding the floor area ratio: I understood it to mean that secondary areas can be exceeded by up to 50%. Here, with a floor area ratio of 0.4, up to 0.6 would be allowed. I am sure that this 0.6 will not be observed given what the neighbor plans/has already built. However, it is possible if the neighbor waives parts of his buildings that do not belong to the residential house. Since I do not want to start a neighborhood war over garden sheds and terraces, I will not take any action here. But purely out of interest I would like to know whether something like this is ever checked by anyone?

One more thing surprised me: The garage of the new neighbor is completely outside the building window according to the development plan. Nothing was built along this line in the entire street. I always thought that garages, like houses, had to lie within these lines – was I wrong?

Nevertheless, I also know how difficult it currently is for young people to build/buy and I basically wish everyone well! However, the way I have been treated so far as a neighbor made me suspicious, and the construction project seems totally unrealistic to me as a layperson at first glance.
 

Lukas_Sch

2022-04-14 10:53:53
  • #4

Then I would recommend you find a hermit farm somewhere out in the sticks and leave your neighbors alone. Unfortunately, in a residential area, you occasionally get to notice something about your fellow humans, and they can even look into your garden from the upper floor.


And then this searching around to find anything to hang the other person out to dry... Sorry, but that makes me aggressive.


Google the prevailing opinion of the case law concerning built-up area and violation of neighborhood rights. Have fun with the insight.
 

Lukas_Sch

2022-04-14 10:58:57
  • #5
Of course, but only if it affects others.
 

guckuck2

2022-04-14 11:12:37
  • #6


Links are forbidden here (yes, yes, I know ...) and it will soon be removed, so a quick note that your source only refers to Brandenburg. You have to look into the building code for NRW, I had mentioned the source to you in my previous post.



Again, yes and no, there can be deviations in the development plan and ultimately it seems to have been approved. A garage is hard to hide.



Now, now. Live for decades in a familiar environment and suddenly someone puts something right in front of your nose. A bit of understanding should be there that the residents have to more or less get used to it.
 

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