Non-compliance with the development plan by the neighbor

Hello,

I have a question regarding the following scenario:

According to our development plan, there is a 10m wide "non-buildable area" on the rear part of the properties. The development plan states that no ancillary structures according to §14 BauNVO are permitted in this area. Our nice neighbor has built a relatively large terrace, about 0.5m elevated, exactly in this area, directly on our property boundary (detached from the house).

I was not asked beforehand, it was just done, which I already find questionable right at my boundary. Furthermore, according to the development plan, it is not allowed, since the mentioned terrace counts as an ancillary structure under the BauNVO.

This really bothers me a lot, as it gets very close to me. (The whole thing is less than 5m in straight distance from our main terrace; his actual terrace is on the other side of the property.) Since no fence has been built yet (which he is responsible for because it’s the right side), one can also see through this terrace into half of my ground floor. I don’t find that great either.

On the one hand, I would love to blow this terrace up and know exactly that it is not allowed. On the other hand, I have no interest in endless conflict and trouble. (Even though he’s not exactly my best buddy....)

How does the building authority handle such cases? They probably won’t do much on their own, even if I were to give them a hint. In that case, probably only an official complaint to the building authority would have an effect… but then again, that’s the point with the hassle. Moreover, I wonder how likely it is that he would have to dismantle the whole thing afterwards. I fear that in the end he would just have to pay a fine and the whole thing would remain anyway and I would have trouble forever.

Maybe someone has experience with something similar.

Loose thoughts: - He will not voluntarily dismantle it - Why should he be responsible for a fence? - Talk to him about it first before you snitch on him? Suggest a deal to him: He builds a 2m high opaque fence quickly, you won't report him for it.

According to neighborhood law, there is an obligation to fence from the street towards the right boundary.

We (3 adjacent properties) agreed that everyone would build on the right side, and all 3 parties agreed to that. But he is not getting to the point, and they have already been living in the new house for a year.

Of course, he would probably try by all means to oppose it or avoid a reconstruction by all means.

The statement from my municipality was......(I only inquired generally....did not inform on anyone)....no plaintiff, no judge.....

So can I just build a garden shed there and have nothing to fear? And if so, then I say....my neighbor built one too?

So can I just build a garden shed there and have nothing to fear? And if so, I say....my neighbor built one too?

What kind of logic is that? With that, you could justify any kind of crime. Of course, you have something to fear. There is always the risk that one of the neighbors will complain. Even the one with the terrace! What can also happen: In a few years, your buildings appear in satellite images and a neighbor who lives two streets away wants to also get permission for a terrace and attaches pictures of your buildings to his application. Then the removal will be ordered. One more question: Is there a valid reason why nothing is allowed to be built there?

If the neighbor with the terrace complains, even though his own stuff is not allowed, it would be like cutting off the branch you are sitting on.

We live directly by the river and on this side there is a building limit 10m from the property boundary.
And in the development plan this area by the river is designated as a non-buildable area.

Why nothing is allowed to be built there I do not know..... because of flooding? which is rather unlikely.
At least that is how it is stated in the development plan.

If the neighbor with the terrace complains, even though his own stuff is not permitted, it would be like cutting the branch one is sitting on.

I can imagine several scenarios in which exactly that happens.

Maybe he simply got a permit.