L-stones up to the boundary

So far, there is nothing in the development plan. I will first call the surveyor.

I thought it was about the proximity to the border, not the height. It was not clearly recognizable to me.

Proximity to the border in connection with the height is the problem.

Basically, local excavations/fillings over 1m are to be considered as separate components, trigger distance areas, possibly easements, and require approval. As long as the distance area remains on the owner’s property, meaning the filling/excavation ends at the latest 3m before the property boundary, this has no impact on the neighbor – if the building authority notices it (e.g., during the final acceptance or the planning of another construction project on the property or directly adjacent properties), one simply has to apply for retrospective approval; which, however, is usually not a problem in these cases.

As soon as it moves close to the boundary (<3m distance from the boundary), the neighbor may be affected and then it cannot be resolved alone. If the neighbor does not agree, you have to revert. You can avoid this with 2 to 3 phone calls.

Best regards Dirk Grafe

so I called the building authority,
she said I can catch up to 2m in height without a permit,
but I have to clarify with the neighbor beforehand.

If you are allowed to intercept without approval, you do not have to ask your neighbors. So the statement is logically nonsense. Talk to your architect. I would only take the statement from the building authority at face value if it is confirmed in writing.

Addition: I am fairly sure that the 2m rule only applies to natural/existing terrain. But you want to fill in, if I understood you correctly – that is a different case. Clarify that in consultation with your architect.

Best regards
Dirk Grafe

I thought the same, why ask the neighbor if I am allowed to. But much more, I wonder where he got the 2m from.

As mentioned, there is a 2m regulation and a 1m regulation, see the comment on §6 Landesbauordnung NRW. Which one applies to you, I cannot assess without local knowledge, plans, and elevations; according to your description or how I understand you, you are only allowed to fill up 1m without a permit.

However, the fact is that if the neighbor agrees, no building authority will pursue these matters. If the neighbor fills up on their side later, the issue will resolve itself after some time anyway. However, a building encumbrance registration is always a possibility, and I would check that in advance.

If it eventually leads to a building encumbrance registration, €1000 can quickly be gone – just as a rough guideline.

Best regards Dirk Grafe