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

  • Erstellt am 2020-10-01 16:37:47

Tarnari

2020-10-01 23:12:11
  • #1
Sounds good.
 

Gartenfreund

2020-10-02 01:28:18
  • #2
Here it is the case that a 1 meter high fence is no problem to erect. With a privacy screen (1.80 meters), however, it looks different. Here the neighbor must give their consent; otherwise, it will not work.

By the way, you do not need a permit from the authorities here either, but as mentioned, from the neighbor.

How it is for you now, of course, I cannot say.
 

apokolok

2020-10-02 12:25:08
  • #3
Neighborhood law has nothing to do with the development plan at first.
You want to surround the entire garden with a 1.80m privacy screen?
Which federal state is it about?
 

Tarnari

2020-10-02 14:56:00
  • #4
Yes, exactly. NRW.
 

11ant

2020-10-02 15:11:06
  • #5
That’s not possible. They must decide on your application in a legally appealable manner upon request, whether your application can be granted or not. They have to adhere to the applicable law. However, it can happen that they do not respond (because of no time) and then you file an inaction lawsuit (because of unreasonably long waiting) and they will then write what you already know: on their part there would be no objection, but it is not within their discretion, rather within that of the neighbors. That is nonsense because they are not on the playing field at all. You can’t pass to a spectator. The building authority is not a neighbor and cannot replace neighbor approval where it would be required. Look into your neighbor law. As far as I hopefully recall correctly from other threads here, there is a kind of statute of limitations regarding enclosures if someone implements or does not implement a variant different from what their neighbor would have preferred. Neighbor approval is regulated in the neighbor law of the respective state and is only fulfilled if the full group of entitled parties emerging from it does not oppose it – overriding majorities do not exist. I hope you find the relevant threads via the search terms "Rechtseinfriedungspflicht*" and "Linkseinfriedungspflicht," in which it is sometimes also discussed whether someone with half a meter of common boundary line belongs to these neighbors to be involved. *) depending on the federal state, you are partially “responsible” for your right or left fence
 

nordanney

2020-10-02 15:18:30
  • #6
I will give you a few hints for NRW; you can look up the legal texts yourself:

Sections 32 to 39 of the Neighbor Law for the State of North Rhine-Westphalia regulate the obligation to enclose, the nature, location, costs of construction, and costs of maintenance of the enclosure, along with the specification of various exceptions. An enclosure is a facility erected directly on the property boundary (see in detail § 36 of NachbGNRW; deviations apply to demarcations erected by property owners along the property boundary but still on their own property) that separates a property from neighboring properties and protects it against unauthorized entry and impairments originating from the neighboring property. Enclosures are therefore fences, walls, or hedges.

According to § 32 of the NachbG NRW, if one neighbor demands an enclosure, the other neighbor is obliged to join with them in creating an enclosure (exceptions are regulated by § 34 of the NachbG NRW). This must then be erected on the property boundary. If a neighbor does not cooperate in the construction of the enclosure within 2 months after a written request, the neighbor demanding the enclosure may construct it alone and request partial reimbursement of the costs from the neighboring party. However, even in the case of joint construction of the enclosure, the law provides for cost sharing. A neighbor who refuses to cooperate in the construction of the enclosure thus gains no financial advantage and forfeits the opportunity to influence the specific design of the enclosure. Furthermore, § 38 of the NachbG NRW also provides for cost sharing for the maintenance of the enclosure (for example, painting a fence or trimming a hedge).

The law does not mandate a particular type of enclosure. However, public-law provisions (e.g. a municipal statute or a zoning plan) may need to be observed. Otherwise, the neighbors are free to make an agreement on the type of enclosure and its height (§ 49 of the NachbG NRW). They can therefore also agree on a tall privacy fence. If no agreement is reached, an enclosure that is customary in the locality must be chosen (§ 35 of the NachbG NRW). An enclosure is customary if it occurs more frequently in the affected district or in a closed settlement, which can easily be determined by inspection. If one neighbor constructs the enclosure alone due to lack of cooperation from the other, they must also choose a customary enclosure. If a customary enclosure cannot be determined (or the neighbors cannot agree), an enclosure about 1.20 meters high, such as a wall, wire fence, wooden fence, or hedge, must be erected. A tall privacy fence is then not permitted. According to § 903 of the Building Code, every owner may erect boundaries on their own property along the border according to their own preferences. However, this applies only insofar as they do not violate the duty of neighborly consideration. If the owner protects their property more strongly against observation than a customary enclosure would allow (tall privacy screens or similar), this construction measure constitutes an evasion of the provisions of the Neighbor Law for the State of North Rhine-Westphalia, which the neighbor does not have to accept.
 

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