Neighbor wants to take over setback areas - experiences

Then you have enough air and light between the houses.

Sure. I rather see the decision between: 1. the neighbor builds and you get money or 2. no one ever builds there because the neighbor later also does not sign to be clarified: why so hurried? That has a fishy taste

Hi, thanks for all the feedback. We have now also had a conversation with the municipality and have come to the conclusion to reject here. As you also hinted, you never know what will happen in the future, maybe we would like to build a conservatory or something similar someday.

The project will still take place, just with separated foundation slabs and a "double wall" between the garage and hobby rooms. We had already agreed to the construction project, after all it is "only" a boundary development within the legal framework, so 9m at the boundary.

Since when can saunas and hobby rooms be counted towards the 9 m boundary development?

"Garages including their ancillary rooms, covered underground garage access, elevators to underground garages and buildings without habitable rooms and fireplaces with an average wall height of up to 3 m and a total length per property boundary of 9 m"

Yes, I think that's why we should have signed. Now the garage+tool shed will be built on a slab with 9m to the border, and the two hobby rooms+sauna will be attached to the garage on a separate slab.

That's how I understood it.

This probably counts as 2 buildings and therefore the 3m distance is considered maintained. Otherwise, M4rvin would have had to keep the 3m distance (from the neighbor) on his property.

Hi, the neighbor just came by and asked us for consent to the assumption of setback areas according to Art 6 para 2 BayBO. They are building a garage with hobby rooms on the boundary and apparently planned with one concrete slab, but if we don’t sign, they would have to build two concrete slabs. I haven’t fully understood exactly what it’s about yet. Apparently, our disadvantage would be that we could no longer add any outbuildings on our west side. At first, they offered us €3000 and since we wanted to think it over, they are now offering €5000 because they need to know by 1 p.m. today.

That you still don’t want to understand it is probably exactly the reason for the Judas money, and "Geschmäckle" is a polite term for the style of the doorstep deal with a half-hour consideration time before the legal act. I have enlarged the crucial line in the quote. Your refusal to sign this swindle, however, is not even needed to prevent the planned outbuilding from being built now. The decisive factor for the building authority’s rejection will be the circumstance that the otherwise granted boundary privilege of the garage is excluded by the fact that the building is supposed to contain habitable rooms. I clearly see the connected building here and the supposed relevance of a joint or no joint in the concrete slab as first-class nonsense. What the signature would have "brought" you is indeed – as the name "Abstandsflächenübernahme" already says – that you would have had to keep his setback area free of construction on your property as a substitute. Because it is not a waiver and also not a tolerance declared there – but rather your own entry into the neighbor’s obligation to comply with the setback requirement. You would basically also have had to keep his three-meter distance from yourselves.

The project will still take place, only then with separated concrete slabs and a "double wall" between garage and hobby rooms.

I also suspect that he will still build his sauna – however not legalizable by a joint in the concrete slab, but reclassified as a bicycle shed / tire hotel (and – although it may not matter to you because his separately permitted garage in any case abuts the boundary – with the risk that you report him and he receives a formal prohibition on use for the illegal sauna). Personally, I would let him sauna illegally here in peace and be glad to pay for my own conservatory myself but still be allowed to build it ;-) It’s a pity that the expert was driven away and now I, an amateur, "have to" explain it. Without a significant expertise is missing here :-(