Privacy screen Siberian larch, rhombus 1.80m - later right to object?

  • Erstellt am 2020-10-01 16:37:47

Tarnari

2020-10-01 16:37:47
  • #1
Hello everyone,

I could use some advice or an assessment on the following matter, or simply just a statement on what you would do.

The gardener is really getting started, and it is planned to erect the above-mentioned privacy screen around the garden soon.
Through some topics here in the forum, I have researched whether there could be any problems with this.
The starting point is the development plan, which basically allows fences up to 1.80m. However, there is also a local ordinance to preserve the village appearance, which only allows hedges. So far, so good.
An inquiry by our architect at the building authority resulted in the statement that the ordinance does not apply in our case because our property is not located on the street but in the second row behind a 30m-long access road and thus would not affect the village appearance. In case of doubt, however, there could be neighbors who might object.

Now the situation is that, apart from a kindergarten on the border, there are no neighbors yet, or although there are property owners, they have not started building yet. It is also currently not foreseeable when this will happen. Furthermore, we do not know them.
According to the building authority and architect, there are several options now:

1. Find out who the owners of the other properties are and inform them about the fence.
2. Take the risk.
3. Plant a hedge.

Option 1 naturally includes the possibility that at least one of the future neighbors might object.
Option 2 means that after we are finished, if others start building later and see the fence, one of the neighbors might object.
Option 3 is something we really do not want.

Assuming we find out who the future neighbors are, inform them, and one says "No." What legal consequences would that have?
Assuming we take the risk and later someone says "I don’t want that thing," what legal consequences would that have in turn?

We are now somewhat at a loss as to what to do. Does anyone here have experience or even knowledge about this?
 

nordanney

2020-10-01 17:03:48
  • #2

Either the statute applies, then hedge. Or it does not apply, then fence. If it does not apply, why should a neighbor raise objections?
Have the authority confirm in writing that the statute does not apply to your location.
 

Tarnari

2020-10-01 18:19:18
  • #3
I plan to do that as well, however, our architect thinks they won’t do it because they have no time.
 

pagoni2020

2020-10-01 19:43:54
  • #4

Then it’s best if you go there yourself, take someone with you, and have it confirmed to you orally once more. Then make a brief note of the conversation for yourself, including whom you spoke with, and file it away for emergencies.
Or write down the information from the building authority in two sentences and send it in writing to the building authority regarding your construction project, stating that you will do it one way or the other according to the statement from the building authority.
Then it will be on record there, and you can prove that you informed the building authority and acted as you were told.
 

Tarnari

2020-10-01 22:20:20
  • #5
Honestly, I think that is a great idea. We simply pass it to them. If there is no objection afterward, that should be equivalent to tacit consent, right?
 

pagoni2020

2020-10-01 22:42:06
  • #6
One could interpret it that way, and personally, that would be enough for me in this matter. I cannot tell you whether it would ultimately hold up in a legal dispute, but since you could prove that you informed the [Bauamt] and also documented their statement made to you, you should have very good cards in that regard. That would definitely be sufficient for me.
 

Similar topics
28.12.2013Conversion of agricultural land to building plot, objection, building authority, building regulations12
28.06.2015Knee wall height / Proposal from the building authority33
20.06.2016Building Authority Approval10
15.03.2017Remove large hedge by own effort?10
11.04.2017Building authority wants site inspection116
04.07.2017Problems with the building authority due to soil slips and retaining walls!27
13.07.2017Do you need the building approval from the building authority?15
01.08.2017Problem due to the neighbor's hedge boundary26
07.11.2017What questions should be asked to the building authority?19
02.05.2018Right to information from the notary even after purchase?43
18.08.2020Natural garden with hedge instead of fence98
02.09.2019Problems with neighbor's encroachment and building authority11
30.11.2020Building Authority Problems - Purchased a Defective Plot56
26.09.2020Border design - neighbor wants a fence, we want a hedge29
30.01.2021The building authority rejects the building application because the house is planned too far back86
16.08.2021Wood privacy fence - planning over the top? Alternatives?114
03.10.2021Removing hedge and installing garden fence - experiences19
03.07.2023Neighbor has erected a 180cm high fence without final coordination72
19.10.2023Neighbor wants to file an objection against construction13
24.11.2024Building authority requires open space design plan for single-family house - experiences?37

Oben