Reconstruction by neighbors along the property boundary

Hello everyone,

of course I know that this is not a legal advice forum, but please forgive me if I still ask, assuming that one or the other here has already had this experience and maybe still has some advice. I will not use the advice in case of doubt, it is only for gathering information and possibly supports my assumption.

My neighbor demolished her old garden shed, the roof was damaged by hail, here in Rosenheim, Upper Bavaria. She had a new one built and it goes up to the property boundary to our house, which is only just under a meter away from our house wall. Between them is a wooden wall about 2 meters high, which she had put up back then as a boundary following a small neighborhood dispute. I am quite overwhelmed by the new, tall extension/new building, which I can see quite well from the living room window, and she asked me whether the gutter may extend to my property, but I was not informed about the building plans or manner. Regarding the gutter, I reached an agreement with her, but retrospectively I am dissatisfied with myself now that I see the new extension reaching up to the few meters, almost a meter, to our house wall, whereby the meter belongs to us.

I do not want to be picky and jeopardize the fragile neighborhood peace again, but I was not prepared last week for something so "oppressive" and wanted to find out whether I have any legal claim afterwards, whether anyone has already had experience with this.

What else can I say:
- The dimensions of the new building are about 2 meters high at the common boundary, 5 meters long, 4 meters wide, and about 4 meters high at her house wall.
- The new building is, as mentioned, a garden shed for tools, trailers, and her oil container.
- It has no windows, goes around the corner in her garden in the front, is connected to her residential house, and also covers her "greenhouse garden".
- The new building is almost finished, a few roof tiles are still missing and a few "fat boards" still have to be firmly nailed on the side.
- I tried to google the building regulations for boundary constructions in Bavaria on the internet but did not find anything convincing.
- In principle, it now looks more solid and safer than the dilapidated previous one (also regarding rainwater, which previously always splashed on our house wall and now runs off to her with the gutter), but it is overwhelming now with its tall and red bulk.

Is she allowed to build something so tall that close to the boundary, or would that be inadmissible under certain conditions or permissible in Bavaria?

Thank you very much and have a nice evening. just4

Photos and a dimensioned sketch can make the situation comprehensible.

Hello, thank you. That is correct and I will take a photo of the situation tomorrow and mark everything essential on the map with the locations in the Bayernatlas.

To my knowledge, a boundary construction in Bavaria may be 9m x 6m and 3m high.

Basically, in Bavaria, boundary construction up to 15 meters, of which 9 meters may border a property boundary, is permitted. The height should be an average – I think, 3 meters. This is stated somewhere in your [Landesbauordnung]. The definition applies to boundary-near garages, but should also be valid for other outbuildings. Possibly, a building application must be submitted; in Bavaria, I believe you have to ask the neighbor for permission and then submit that in writing with the building application. There are always individual cases where building obligations cause the regulation to deviate. I am surprised that you only have 1 or 2 meters to the neighbor; that is actually too little. So, your house. However, it may be that a building obligation is registered at your property or that another regulation is found in the development plan. All of this is unknown to us.

I agree with Yvonne. The question is, why is your house allowed to be so close to the border? Is there a registered building encumbrance for that? If yes, it should be recorded in your land register. Take a look.