Terrace roof / carport air gap to neighbor 2 cm

Hello, recently our long-awaited carport arrived. Actually, it is a terrace roof - just for clarification. We commissioned a specialist company that only does such things. At the time, we explicitly pointed out - from experience - that nothing - absolutely nothing - may extend over the neighbor's property. Now there is the following problem: the foundations and columns stand 100% on our property, but the crossbeam, which also includes the gutter, has a semi-circular shape outward. This outer edge of the curvature now protrudes on one side (since the property is slightly funnel-shaped) 2 cm into the airspace of the neighbor. This greatly annoys them - and us as well, by the way, as it was foreseeable that this would not proceed without problems. Now we have tried to explain that this was never our intention and that we can certainly understand the annoyance and wanted an amicable agreement. They are more than upset, currently not commenting at all, talking about a planned privacy screen on this side, which is no longer possible, etc. My question: 1.) What is the legal situation regarding overhangs into the airspace? Do I now have to shorten the entire roof? (Length is 8 m, after all) or does my neighbor have to tolerate this? Which authority can provide me with binding information here? 2.) Which point applies for privacy screens in the case of houses at different heights, we are about 60 cm below our friendly neighbor, in order to create a privacy screen? Officially, fences up to 180 cm and privacy screens up to 200 cm can be built without permission for semi-detached houses, but the latter does not apply in this case. Thanks for any advice, Hilaria

2cm airspace infringement? Sorry, but poor Germany

Hello,

1.) What is the legal situation regarding encroachment in the airspace? Do I now have to shorten the entire roof? (Length is 8m after all) or does my neighbor have to tolerate this? Which authority can give me binding information on this?

The Building Code

Encroachment
§§ 912 et seq. of the Building Code regulate the consequences if a neighbor has unlawfully built over the boundary of their property. The provisions therefore do not apply if the encroachment was done with consent.

Basically, the owner who unlawfully exceeds the boundary with their building is obliged to remove it. However, this can be expensive. According to the legal assessment, the preservation of the existing building takes precedence over enforcing the property owner’s position. Therefore, under certain circumstances, demolition is waived, but the affected owner receives compensation in the form of an annuity or a claim that the encroached part is purchased by the encroacher. Encroachment can easily happen when building.

Encroachment is only considered for buildings. Walls and fences, gates, drainage facilities, carports as well as cesspools are not included if they can be removed without damage to the building. It does not matter whether the encroachment is above or below ground level.
[...]

2.) Which point counts for height-offset houses, we are about 60 cm below our friendly neighbor, when creating a privacy screen? Officially, enclosures up to 180 cm and privacy screens up to 200 cm can be built free of approval for semi-detached houses, but the latter does not apply here.

This should be specified in the textual provisions of the development plan.

Rhenish regards

@mongobongo, yes, that is your and my opinion, unfortunately common sense does not count here.

@Bauexperte, thank you very much for the quick response. The superstructure was of course not approved. It annoys me the most myself because this situation was foreseeable and I specifically pointed it out when taking measurements. Now the neighbor confronted the craftsmen directly and unpleasantly after the installation (so at the end of the day) and I was barely able to prevent a very emotional, (still) verbal confrontation. *sigh*

From your answer I gather that the neighbor can force me to shorten the carport, well then, so be it.

Topic No. 2, unfortunately nothing is written about this in the development plan, nor is there anything in the green space ordinance, I will call the building supervision office and try to smooth things over with the neighbor again.

Slightly annoyed regards Hilaria

The matter is not quite plausible to me yet. Normally, you keep a distance of 3m - apparently you have made a special arrangement. Was the neighbor okay with that? Even if you build up to the property boundary, you usually stay the width of the boundary stone away from the border. So now you are 2cm over the fence? And the fence is already on the neighbor’s side? So then it would be more like 5-10cm on his land?

I would also be very annoyed if my neighbor built over my land. I think you have to shorten it or maybe he will sell you 10cm?

Hello, no, it is not quite like that in big cities. Here, garages or carports are built on the property boundaries because the plots in the inner city area are only about 300 sqm in size. There is no fence from the neighbor; so far, his bushes have been standing there, which grow towards us but do not bother us. The neighbor has marked his property with L stones and is about 60 cm higher than us. So, next to the L stones and 60 cm lower than his property, we have set the foundations and supports on our property. The crossbeam itself is also on our ground; only the outer edge of the slightly rounded outer shape protrudes 2 cm into his airspace at one end. And again, it annoys me as well. And I certainly did not do it intentionally.