Setback areas Bavaria

Hello, I have already googled it and found something, but can someone please explain the officialese in an understandable way? We have a plot of land without a development plan. It is only allowed to build onto an existing firewall of the neighbor. Since we only want to build one story, it probably will not be higher than 4 meters. What is the minimum distance I still have to keep from the other neighbor? On their property there is only a boundary wall 2 meters high, but no building. ma

Hello,
as far as I know, you always have to keep 3 m to the neighbor's boundary if it concerns living space (house, terrace).
Garages or outbuildings can be built up to x meters (I think 12?) along the boundaries.

And then there is something about the areas of the house itself. So the extended house must lie in a certain way on your property. But I don't know any details about that anymore, our architect calculated and drew everything.
And in an emergency, there is the possibility that your neighbor takes over the setback area and you could thus build closer to the boundary. But the neighbor has to do and sign that first.

But the 3 m mentioned above are probably to be observed at least, no matter what is on the neighbor's property.

Hello, thanks for the response, that's how I understood it too. Our plot is 12.3m wide. We want to build 8m wide, if I then deduct the exterior wall with 4m I still have 0.3m margin. If it’s only supposed to be 3m, then we have that easily. ma

Hello Frog,

now you’re confusing me
If your property is 12 meters wide and you want to build 8 meters wide, you only have 4 meters left! So you don’t have 3 meters on the right AND left to your neighbors’ boundary area....

I’ve sent you an overview via PM.

Best regards

:

There is an obligation on one side to attach to an existing firewall of the neighbor, i.e., closed construction (like a semi-detached house), therefore no boundary distance to this neighbor. Hence, on this property, a building up to about 9.30m wide can be constructed if the clearance distance to the other neighbor is observed on one side.

:

The minimum distance is standardized at 3m, i.e., even if your explicitly calculated clearance is only 2.xx m, the 3m minimum distance must be maintained. In areas without a development plan, the wording stated in the state building code applies, or one must/may adapt to the local conditions in these areas. This goes so far that the standardized distances can also be undercut if it is customary locally. For this, however, you should definitely consult your architect/building planner, who is familiar with the local regulations and—especially in such cases—with the general attitude of the building authority or the responsible officer.

Roughly speaking, you are correct, see State Building Code BY,

(4) The depth of the clearance distances is 1 H, at least 3 m.
In core areas, a depth of 0.50 H, at least 3 m, is sufficient; in commercial and industrial areas a depth of 0.25 H, at least 3 m.
In special areas that are not used for recreation, smaller depths than according to sentence 1, but not less than 3 m, may be permitted if the use of the special area justifies this.

If your house is located in a core area, you may calculate the clearance distance with a factor of 0.5, which would be 4m x 0.5 = 2m. Then the minimum distance of 3m applies, i.e., the building body could even be 9.30m wide if no other conditions oppose it.

Best regards
Dirk Grafe