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

  • Erstellt am 2021-06-12 08:17:47

Myrna_Loy

2021-06-21 15:06:16
  • #1
The price. I would also feel ripped off paying so much money for a parking space that is not easy to use and is used by others as a passage.
 

RomeoZwo

2021-06-21 15:10:29
  • #2
I understand the problem differently. The owner of the apartment will want to use their garden gate, which is also practical to avoid having to carry plants and the like through the apartment. That would also bother me as a parking space owner because I would see a potential risk to my vehicle that would be difficult to prove.

Because I find the topic interesting, I did some googling, all based on the MBO (Model Building Code) and not the corresponding LBOs.
- It could actually be an emergency exit. The house only has 2 upper floors, and therefore climbing up with a "portable ladder" is permitted. For this, the fire department must be able to access the house if necessary. The gate must not be lockable or only opened with a triangular key (but a lock can be seen in the pictures). I could imagine that the middle upper floor/attic apartment is only accessible as a second emergency exit through the garden of the ground floor apartment below.
- If not already considered in the declaration of division, according to a ruling (OLG Hamm, decision of 03.08.2009 – I-15 Wx 288/08) "Individual apartment owners can, in specific cases, establish a usage regulation by a majority vote, according to which a common area standing under the special usage right of a single apartment owner can be used as an escape route in an emergency.".
- As an indication that a parking space is not suitable as access to an emergency exit and may not simply lead over it, the ruling of the Wuppertal District Court (judgment of 15.07.2015 – 91b C 25/15) can be considered. "The problem was that after the city imposed the requirement to keep an emergency exit constantly clear, a parking space was practically no longer usable. An architect was therefore commissioned to reallocate the parking spaces."

Good advice will probably only be obtained from a specialist lawyer for building law (and an expert, etc.). Or by notifying the city, with the probable consequence of losing this parking space (and then receiving an indefinite compensation). Alternatively, to get the developer to install a device so that this gate can only be used as an emergency exit (e.g., connected to an alarm). The neighbor probably does not use it very often to bring their soil into the garden. But it is your right that this is only (!) an emergency exit and is not used daily.
 

Musketier

2021-06-21 16:09:14
  • #3


The price is behind you when reverse parking? That would be news to me.

I think two things are being confused here. One is the usability of the parking space. From the pictures, I cannot see any significant restriction of the parking space caused by the downpipe or the narrowness of the space. In my opinion, the parking space would even be easier to access by reverse parking—unless you have a lot to do in the trunk.

The other is the issue of the garden gate. Here I might accept a solution where, in the event of a fire safety emergency, the escape door can be used, but not as a standard passage. There must surely be some technical options. Otherwise, you just store something in front of the gate or park there.

PS: I was interrupted while writing and only just now saw Romeo’s post. I can only agree with it.
 

11ant

2021-06-21 16:18:49
  • #4
Parking with less than 90 cm of remaining passage width would probably be at risk of being prosecuted as negligent bodily injury. If the little gate has any fire protection relevance, I simply consider the sale of the parking space to be fraud. Property development seems to be regarded as an entry-level job into organized crime in some cities :-(
 

Musketier

2021-06-21 16:48:10
  • #5


With a neighbor measuring 90-60-90 ....... and the other leg as well ..... it could get tight, I agree with you. Otherwise, one would think that if the average person can get out of the car, then in an emergency someone else should also be able to pass by the car. However, the case is probably a bit different. The escape route is probably via the roof terrace. That means the fire brigade first has to get to the roof terrace with their equipment (ladders/stretching cloth/cushions, etc.). Then the 50-60 cm parking distance might indeed not be sufficient. The question would then arise whether the parking space or the escape route is not usable. The property developer would then have to decide on one of the two.
 

ypg

2021-06-21 17:20:35
  • #6
Hmm.., somehow a foolish trick. And isn’t it the case that if you want, you can equip your parking space with a carport? I know some multi-family houses with condominiums where some people team up and then build a double carport on two explicitly assigned adjacent parking spaces. Or also single ones. Ok, you probably won’t want to, but what if?
 

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