Setback distances for new construction near an external garage?

Hello everyone,

we have some questions regarding setback areas for which we need your assistance. To clarify, we have created a sketch that we refer to. We live in an end terrace house (House A) in Munich with two adjacent garages (A = own garage and foreign). The building envelope is very generously sized, so that next to the foreign garage a strip 4.2m wide can still be built on up to the building boundary. Our idea is that another house PLAN could be realized there. However, we do not know whether this is legally possible. For the houses beyond the public path, we can comply with the setback areas using the 16m privilege ½*H = 3.77m. Is that correct?

But how does it behave in relation to the foreign garage? Are setback areas to be observed here? A garage does not have a setback area and can be built directly onto a house. Conversely, can house PLAN be built directly onto the foreign garage? And is the consent of the owners of the foreign garage necessary for this?

Furthermore, it is unclear to us whether house PLAN means a continuation of the row of houses, since we are “building” it directly onto house A (through the wing in the west)? Must the setback areas between house PLAN and house A be observed here? And is the consent of the owners of the foreign garage necessary for this?

If the setback areas must be observed, is there possibly an exception or a compensation rule / balancing of interests that compensates us for the disadvantage caused by the foreign garage in the middle of the property and thus the significant restriction of the building project? Especially since the development plan (from 1983) did not provide for garages, but another house adjacent to house A.

Many thanks for the support and all the best!

Kind regards,

Matthias P.

Here again is the sketch:

[ATTACH width="527px" type="full"]62456[/ATTACH]

Less the buildings than the property boundaries are those to which distances must be maintained. On whose property is the ensemble of own and foreign garage as well as common driveway located, and are the properties of the own house and its annex ONE parcel?

Hello 11ant,
thank you for the quick response!
We currently live in House A. House PLAN is located within our property/parcel. Garage A is a separate parcel and belongs to House A. The foreign garage is also a separate parcel and belongs to House foreign. The access road (5m depth) is a shared additional parcel of House A and House foreign. To the west, the property boundary is more than 10m away. The property is surrounded by public paths to the west, south, and east.
I hope this explains the open questions!

Have a nice evening and many thanks!

Aha. Then it must have already gone through special conditions for the development of the garage plot. I suspect that as a final result when got involved and added more detailed specialized questions, a rejection notice was issued for your building request due to the already exhausted floor area ratio. Enjoy the side garden. If you need more living space, I most likely see you having to change the property.

Then it must already have proceeded with special conditions for the development of the garage property.

Yep, I see it the same way. The current state is already very special and the project even more so. The quirky sketch doesn't make it easier. Without the original property map and complete development plan information, I also see no approach for assistance.

Hello 11ant and Escroda...Thank you for your comments!