Register building easement on already existing garages?

Hello everyone,

my neighbor and I would each like to build carports on our properties (in NRW). My neighbor would exceed the permitted length of the boundary development and would only receive a building permit if I agree to the registration of a building encumbrance on my property.

However, I do not want to burden my property with a building encumbrance in the area of the planned carport and have therefore proposed that we each mutually register a building encumbrance on the areas of the garages located behind the carport - which already exist.

According to the appointed surveyor, this is not possible; however, according to a telephone inquiry at the city building authority, this would be conceivable. Unfortunately, the building authority has not responded in writing and said we should submit an application, then a decision would be made. Due to various new development areas, the staff are already overloaded anyway.

Do you have any tips for me or has anyone already had experience with a similar matter? I would be very happy to receive feedback.

Best regards,
Andre

Just on the side and to throw a new word into the room... if everyone agrees overall, why not a mutual cultivation obligation?

Besides, I believe the surveyor is right, because in my opinion the building encumbrance is based on the setback areas of the carport and are therefore beside the point.

Or next to the garage... tricky. Maybe not quite that clear after all, depending on what is supposed to be privileged.

I think the matter can somehow be resolved well, but it requires someone who prepares it properly and that probably costs more money than originally intended.

About my experience: we built a house in a location where it was actually not possible.

But it worked, with municipal approval. And money.

According to the commissioned surveyor, this is not possible; according to a telephone inquiry at the city's building authority, however, it would be conceivable.

Probably both are right. A building encumbrance cannot be registered in advance but requires a concrete occasion, here the construction of the neighbor’s carport. A setback area encumbrance in your favor is indeed not possible. It is therefore obvious to register the encumbrance related to the new building, IMHO but not mandatory. Basically, it is possible to remove parts of previously privileged structures from the privilege by means of an encumbrance and thus create space for new buildings eligible for privilege, as suggested, e.g. as an obligation to build an extension.
You should discuss the exact wording best together with your neighbor personally with the caseworker who is supposed to approve the carport, despite the apparent overload.

I would like to point out: If the development plan does not prohibit it, the obligation to build an extension could lead your neighbor (or you) to the idea of building a roof terrace on the garage or converting the garage into living space or adding another floor, without the other owner having to consent or being able to prevent it.

Thank you very much for the previous answers! I will inform myself about the topic of cultivation obligation and also speak with the surveyor again before we go to the building authority. Possibly, a building burden registration for part of the garage/carport is also sufficient if I read the last approach of the attachment correctly (found at the Chamber of Architects NRW).