Nds: Border construction or distance area new development zone

  • Erstellt am 2020-01-30 21:03:33

TeChrJu

2020-01-30 21:03:33
  • #1
Dear forum members,

we have built a new house in an almost urban development area in Lower Saxony.

Our house is located in the north of a northern plot.
In the south, a narrow play street will be added once the construction road is removed. Adjacent to this (still south), a two-story semi-detached house with a third recessed floor is currently being built (directly south of us). However, the recessed floor will be built towards us like a full floor; it is set back on the other three sides. Flat roof on top. This is set back three meters from the play street. The house will have an estimated pessimistic ridge height of 8 m (3 times 2.65 m plus two ceilings plus roof – it could also be 8.50 m – 9 m), measured from street level.

I am not particularly well informed (sorry...), but I understood the state regulations to mean that according to the Lower Saxony Building Code paragraph 2, the distance to the boundary, i.e. the street, should be around 4 m.

The recessed floor has only started being built today, so it’s still in the very early stages. Is it worth asking the developer somewhat annoyed about where the calculations of the boundary distance stand, or am I completely on the wrong track?

Thanks and best regards
Tita79
 

guckuck2

2020-01-30 21:34:27
  • #2
Lower Saxony Building Code Paragraph 6
 

Pinkiponk

2020-01-31 09:06:40
  • #3

I have copied the relevant paragraph here briefly for those who do not have it at hand. Does anyone have time and inclination to explain it? I, once again, did not understand it.
What can/should the original poster now do specifically?

§ 6 Lower Saxony Building Code
Lower Saxony Building Code (Lower Saxony Building Code)
State law Lower Saxony
Second Part – The Property and Its Development
Title: Lower Saxony Building Code (Lower Saxony Building Code)
Legislator: Lower Saxony
Official abbreviation: Lower Saxony Building Code
Classification no.: 21072
Type of norm: Law

§ 6 Lower Saxony Building Code – Attribution of Adjacent Properties
(1) 1Adjacent traffic areas of public roads may be attributed to the building plot up to their centerline for the determination of the setback distance, under the conditions of paragraph 2 also beyond the centerline. 2With the consent of the owners, public green and water areas as well as operational areas of public railways and tramways may be attributed accordingly pursuant to sentence 1.
(2) Other adjacent properties may be attributed to the building plot up to an imaginary boundary for the determination of the setback distance if it is secured by a building obligation that structural installations on the adjacent property also maintain the prescribed distance from this boundary.
 

guckuck2

2020-01-31 10:38:49
  • #4
Thanks, I have difficulty quoting longer texts with the smartphone. The OP complains that the building opposite is about 8m high, so boundary distances of not the usual three but four meters must be observed. Correct. However, §6 shows that the four-meter distance does not have to be entirely on one's own property, but parts of public areas can be counted towards it, e.g., the street in front of the building. The recommendation to the OP is therefore not to approach the developer in a "grumpy" manner, but to accept the construction opposite as it is.
 

TeChrJu

2020-01-31 14:17:03
  • #5
Thank you very much! That helps me a lot and maybe others who are also looking later on. Then we will probably take the whole thing with a smile on our face as an enhancement of our property. Best regards!
 

Pinkiponk

2020-01-31 18:18:20
  • #6

Aha, that is again very interesting, even if it does not affect me. Thanks for the "translation".
 

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