New construction next to commercial area/building encumbrance

Hello, have you really thought it through that you want to build there? Who says that the fans will only be running for 3-4 weeks a year in the next 20 or 50 years? How is the area divided at your property, the warehouse (commercial, mixed-use zone)? Even this limit may be exceeded by 10% for a short time. Can you even open a window in the summer when the fans are running day and night? My suggestion for you, since the property belongs to you, is to set up a tent there during the summer when the fans are running and stay there all day and night. If you are unsure, stay a few days longer. Maybe it will be easier for you to understand why others (including us) wouldn’t want to build on this property.

and what does that practically make for the difference?

Quite simply: neighbors can fix agreements in writing regarding easements and let money flow as much as they want and in whatever form - this is not binding for the building authority. In plain language: the easement is only registered if the easement is necessary and possible according to building regulations. Everything else is private law and can be regulated in a servitude. However, this is again not binding for the building authority or may not be sufficient/adequate under certain circumstances.

The statement that you just have to agree with your neighbor is therefore simply not true.

This indeed has practical consequences, because it is not necessarily built what the neighbors have agreed on amicably, but what is permissible according to building law. And that often deviates from the owners’ ideas and wishes - often enough observed here in the forum and in my daily work. This is also practically associated with considerable additional costs.

Best regards
Dirk Grafe

Thank you very much for your previous answers.

To clarify the question of why we still want to build there. YES, the property already belongs to us and the "noise" does not bother us. The fans that make the noise run a maximum of 3-4 weeks a year. The rest of the time is quiet.

So where is the problem in legally fixing the situation in coordination with the building authority and the neighbor?

The operator of the warehouse has absolutely no interest in suing for noise pollution in 5 years, just because this was not properly considered in the building application and the lawsuit could result in him having to cease his use. Now - before your building application - is his last chance to influence this; once your building application is approved, it is legally binding (subject to any errors). Ergo, the neighbor demands a building encumbrance and/or easement, i.e., an agreement that may also have public-law effect, relates to your building project, and legally resolves the noise issue for both parties.

The loss in value resulting from this is already present, since the fact that the fans run in summer is obvious.

Best regards
Dirk Grafe