Parking spot at the house, fenced on three sides??

  • Erstellt am 2021-06-12 08:17:47

Jokel4712

2021-06-12 08:17:47
  • #1
In a multi-family house, a condominium was purchased and parking space no. 15 was assigned and paid for with €11,000.
See photo drawing.

This parking space is now fenced in on three sides since the adjacent house is finished, see photo red drawing. In addition, a rain pipe hits this parking space, see red dot.
The parking space has a length of 5.50 m, which should correspond to the standard.
The width without the rain pipe is 2.53 m, but due to the rain pipe, the clear width is only 2.46 m.
The car cannot be parked fully in the parking space, as the door cannot be opened wide enough on the driver’s side to get out.
Therefore, there is no other option than to park only as far as the door can open in front of the house wall.

One lives in NRW and nothing about a parking space regulation was found online, but:
In Berlin and in North Rhine-Westphalia, there are no separate garage regulations. In North Rhine-Westphalia, the contents of the Garage Regulation 2009 were integrated into the .
And this ordinance states the following:
Ordinance on the Construction and Operation of Special Buildings (Special Building Ordinance – SBauVO)*
§ 125 SBauVO – Parking Spaces and Driveways

(1) A necessary parking space must be at least 5 m long. Its width must be at least:

    [*]1.

2.45 m, if no longitudinal side of the parking space is limited by walls, columns or other building components or installations at a distance of less than 0.10 m.

    [*]2.

2.50 m, if one longitudinal side of the parking space is limited by walls, columns or other building components or installations at a distance of less than 0.10 m, which neither obstructs driving into the parking space nor opening the doors,

    [*]3.

2.55 m, if one longitudinal side of the parking space is limited by walls, columns or other building components or installations at a distance of less than 0.10 m,

    [*]4.

2.65 m, if both longitudinal sides of the parking space are limited by walls, columns or other building components or installations at a distance of less than 0.10 m and

The questions:.

Is this ordinance applicable?
Is there a parking space ordinance for NRW?
Thank you very much for your help.


 

HilfeHilfe

2021-06-12 10:06:51
  • #2
Classic planning error. Wasn't there a draft purchase agreement? Was there no indication of which parking space one has or a minimum size specification? I also buy 1 liter of water and don’t receive 850 ml.
 

apokolok

2021-06-12 10:19:54
  • #3
The parking space is certainly already planned to the minimum permissible width. Therefore, the gutter is simply not permissible there, or it is simply no longer a usable parking space. Write to the property management / owners' association that it must be relocated, this is not a huge effort.
 

Escroda

2021-06-12 13:22:35
  • #4
Yes, if the parking space became necessary after 2016, meaning the associated condominium was only approved afterwards. So far, none statewide. Your municipality may have enacted a statute. However, it probably will not contain the information you are looking for. That depends on when it was planned. Moreover, the site plan is so confusing that it is not clear whether the parking space was supposed to be enclosed. Which regulation was violated?
 

apokolok

2021-06-12 13:26:48
  • #5

Against the 'Usable Parking Space Regulation' ^^
Well, saying it is inadmissible is wrong, you are of course right. The problem is of a contractual nature. It is simply a serious defect that makes the use of the parking space impossible. Comparable to an apartment entrance door that is only 20cm wide.
 

Escroda

2021-06-12 13:36:01
  • #6
Well. We probably agree that the situation is not exactly optimal, but 2.46m does not make usage impossible. Until 2016, 2.30m was sufficient if there were no obstacles within 10cm. So maybe the gutter is completely compliant there. Here, several unfavorable factors simply come together, Q7 instead of A2, subsequent fence instead of kerb, gutter. Who is to blame?
 

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