Plot corner setback areas

  • Erstellt am 2020-01-04 23:28:31

derdietmar

2020-01-05 09:54:04
  • #1
Thank you for the answers.

In the present case, there are no special statutory rules; the BayBO applies. Development according to §34.

Honestly, I would be surprised if the above construction method were permissible. Therefore, I am interested in which distances actually have to be maintained and on what legal basis they are derived. I could not deduce anything from the Building Code and the Land Utilization Ordinance; BayBO defines the distances as vertically folded surfaces. Neighbor law would be left.

Basically, in Bavaria, the 3m rule applies, possibly more, depending on the wall height. The case can be complicated arbitrarily, for example, by invoking the 16m privilege for one of the distance areas. Which wall height then applies to the corner?

Can you tell me how the 3m is justified in your example?
 

haydee

2020-01-05 10:02:49
  • #2
I don't know the paragraphs. The building regulations, old land register entries, and my grandfather's agreement with the neighbor applied. There had to be at least 3 meters from every point of the boundary. I never asked about it; it seemed logical to me. The neighbor also adhered to them, at the end of the 70s, and the stairwell was set back. Otherwise, there would be extremely dense development in that area.
 

Escroda

2020-01-05 23:10:23
  • #3
As long as the provisions of fire protection are ensured (§§28-30 BayBO), which IMHO should not be a problem, there are no building law obstacles. And since there is no real neighborhood law in Bavaria either, nothing opposes your development proposal under private law. I am not aware of any legal basis in Bavaria from which a minimum distance results, except for the general duty of consideration, which is covertly included in every building code. If you learn otherwise from another source, please share it here.
 

derdietmar

2020-01-05 23:24:47
  • #4
Thank you very much for the competent answer! I am not aware of any other sources. An indirect obstacle could, in my opinion, still be the land area to be built over according to §34. Ultimately, this probably lies within the discretion of the authority.
 
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