Land division boundary construction

The district chimney master inspects fireplaces according to §73 BayBO.

Yes, but only concerning his trade. He will not request an excerpt from the land register to verify whether the encroachment of the clearance spaces might perhaps be secured at the neighbor’s.

The outbuildings 2a and 2b have been boundary constructions since 1961/62 (location of the heating system)

If you now come up with bits and pieces of new facts all the time, no one can give you useful advice. I leave the entire parcel history analysis to your specialist lawyer for construction law.

Due to the subdivision of the property, there has been no loss of non-conforming use protection here.

No, but according to your previous descriptions, due to the change of use.

Owner A converts his residential property and needs a permit for this. A only gets this if he asks Owner B whether he may demolish part of his residential property for it.

I think, at that time it was still a parcel.

That is then agreed orally

I think this is presented in the building application for the change of use.

Objections expire

Which objections?

With 1.5m distance to the current boundary, the outbuilding would not be secured under the clearance space regulations

That’s what I’m saying. The subdivision has worsened the building law violations.

Because of this coercive measure, the building would lose its non-conforming use protection

It already lost it due to the change of use of the neighboring building.

Why should the non-conforming use be eliminated?

Because it was a condition of the permit for the change of use.

But I don’t need a garage, rather an outbuilding, and it has been there since 1941.

Yes, but without a boundary. Or with one? Ah yes, the parcel history. Sorry, the factual situation is too complicated for a forum. Or for me. Although, Yvonne already dropped out in #6.

isolated deviations from clearance spaces and a boundary construction dimension over 15m.

You want 18m, 9m is permitted. You want deviations because of the legal violations by the previous owners? Good luck! Maybe I just don’t understand the situation. Discuss your project with the approval authority and share the outcome with the forum. Perhaps in the end with photos of a beautiful new building.

Thank you very much for your effort.