Sauna with boundary construction

Hello sorry I'm sorting myself out again. We live in Hesse and the local building authority wants a written building notification if we want to set it on the border. Including the plans showing how big the sauna will be (from 30 m3 we would have to submit a building application, but we are under that) and the consent of the neighbors. The sauna will be installed with an electric stove. 3 out of 4 neighbors have signed it, one older one only wants to sign once it is clarified whether the sauna will be entered in the land register. It is not something massive but just normal wood. Since he was a civil engineer 80 years ago, I respect the comments and try to understand what he means. Because he couldn't really explain it to me properly. I should contact the building authority unnu

I also thought about the sauna yesterday. I was considering which infusion I should pour onto the stones outside.

At 38 degrees, he’s thinking about building a sauna, what’s wrong with you??

Buy counter-cyclically, a sauna in summer, then an air conditioner in winter

I’m sorting myself out again

I’m beginning to understand. Since your sauna hut remains under 30m³ in volume, is not a living room (the Finns see that differently), and an electric stove is not considered a fireplace, it is exempt from approval according to §63 Annex I 1.1 HBO.
Unlike in NRW, the state building code in Hesse does not grant such buildings any privilege regarding setback areas. Since in your case mainly neighborhood and not public interests are affected, the authority waives a public-law securing of setback areas according to §6 paragraph 2 no. 2. Instead, it seeks approval of a deviation according to §73 HBO. To simplify the official process, it requires the provision of the neighbor’s consents according to §71 paragraph 2.

Because he couldn’t really explain it to me properly.

Then he should try explaining it again. What exactly does he intend to achieve with the land register entry? To me, only an easement is conceivable, which burdens his property and benefits yours. If he does not intend to regularly derive claims from it—which by the way would have to be formulated separately—IMHO the registration only brings disadvantages. The building authority’s proposal is the simplest and most cost-effective solution for all involved; disadvantage: your right is initially not visible, as it only lies dormant in your building file. Neither access to the building encumbrance register nor to the land register reveals it. In 20 years, this could lead to misunderstandings.

I should contact the building authority

What are you supposed to do there? He would have to have it explained to him there.

unnu

Difficult. You want a signature from him. He only gives it under an incomprehensible and not further explained condition. The only solution is probably to talk, clarify, explain, and avoid misunderstandings.

First of all, clarify with the building authority whether they want an entry in the Baulastenverzeichnis. You can also sell the Baulast as an advantage by aiming for an Anbaubaulast, whereby your neighbor even acquires a right. However, I don’t quite understand how you can have a boundary with 4 neighbors on one boundary side. It only concerns the affected neighbors according to the land register excerpt. Furthermore, it is not a building but only a structural installation, so no clearance area is required.

Moreover, it is not a building

wrong
§2 HBO:
(3) Buildings are independently usable, covered structural facilities that can be entered by people and are suitable or intended to serve the protection of people, animals, or property.

therefore, no clearance area is provided

therefore also wrong