Plot on a slope; who bears the anchoring costs?

Hello everyone,

we are building our house on a plot with a slope towards the house (the highest point is the south side).
We and the neighbor remove earth from the north side up to a certain point, then he builds up stepwise towards the south side, whereas we want it level and continue to remove earth, only at the boundaries there will probably be a small stone wall and embankment.
Now he wants to build a natural stone wall at the boundary, which is somewhat higher than ours, and says that we have to retain it. Can that be correct? As far as I know, he has to retain it, but we are removing earth - in other words, we go deeper ourselves... Can someone explain the situation to me as if I were a child? Many thanks!

Hello Laura,

welcome to the house construction forum.
The topic has already been discussed a few times. As far as I understand and can summarize, the decisive factor is the upper edge [OK] of the original terrain. So if he wants it higher, he has to compensate for that on his property and also bear the costs for it. The same applies to you if you want it lower.
The exact regulation usually depends on the respective state building code. You should read that carefully for Bavaria. The reading is recommended anyway, I learned quite a bit from it

By the way, your full legal name is still listed in your profile. It is enough if you only enter your first name there. Otherwise, everyone can see that

Yes, that is correct. The natural terrain is decisive.

Anyone who builds up must retain just as firmly as the one who excavates. The respective measures must not affect the neighboring property.

So do I have to pay in this case because I am digging in? Does it also matter who built first?

Yes. No.

As written:
The natural ground level is the standard.

Also take a look at the [Baugesetzbuch] Paragraph 909.

Whatever you do at the boundary: the original usability quality of the building land must be preserved for the adjoining owner. Through excavations/fillings, etc., he must not be prevented from doing everything that would otherwise also be possible for him in terms of building law at a boundary. For example, if you excavate/deepen foundations, you must guarantee by a statically proven support that the neighbor could later build a garage there without obstruction, for example, a garden house or a fence with foundations, without these construction measures "breaking away" at the unsecured or insufficiently secured property boundary. The matter is structurally possibly demanding and must also be checked for building law admissibility. They may be subject to a building application - keyword "independent fillings/excavations."