Terrace roof / carport air gap to neighbor 2 cm

I would be interested to know what the status is here

Status quo. So it didn’t go as smoothly as assumed here. The L stones are not on our property. The carport builder sees the homeowners as responsible. “It’s none of my business,” was his first statement. @Dirk Gräfe, the carport/terrace roof builder does indeed have very sophisticated equipment and also determined that the roof is longer than ordered. Nevertheless, as homeowners we should not have accepted the structure as it is. current status: Neighbor insists – with a lawyer – on dismantling. The carport company has offered dismantling purely out of “goodwill,” but they only cover 50% of the costs; we have to bear the rest. We will swallow this because somehow this house brings us no luck. We already have the next problem on our hands -> see new thread. I’m slowly really wondering, are we just unlucky? Unlike our acquaintances, I really took care, informed myself, and also checked (otherwise many other things in and around our house would be wrong). The others were partly never on their construction sites and everything is peace, joy, and happiness. Regards Hilaria

Status of things.
So it didn’t go as smoothly as was assumed here.
The L stones are not on our property.
The carport builder sees the builders as responsible. It wasn’t his concern, was the first statement.
@Dirk Gräfe, the carport / terrace roof builder does indeed have very sophisticated equipment and also confirmed that the roof is longer than ordered. Nevertheless, as builders, we should not have accepted the structure as it is.

The carport builder is neither from the surveying office nor a sworn field official, so the question is: who transferred the boundary to the location and checked the boundary stones? The carport builder cannot do that. And even if he could, he is not allowed to. The question of whether there is even an encroachment remains open. If there is no encroachment at all, you would be rid of all the trouble at once, which is why I am now dwelling on that a bit. Regards, Dirk Grafe

Hello,

The carport builder sees the builders as responsible. It’s none of his concern, was the first statement.

That is - based on "normal" conditions - not correct. However, this ...

... the carport / patio roof builder does have very sophisticated equipment and also determined that the roof is longer than ordered. Nevertheless, as builders, we should not have accepted the structure as it is.

complicates the matter significantly, because you accepted the carport exactly as delivered. The question to clarify is: did the supplier inform you about the consequences regarding the longer roof and thus the boundary violation? If not, can you prove that?

And furthermore - who set out the snap line scaffolding for the carports? In Germany, hardly anything happens without a surveyor - or was the carport already part of the building application and the measuring points named in the preliminary site plan? If I remember correctly, in Bavaria, you only need a building application for a garage or carport "then" if it is constructed shortly after the building project itself.

Current status: Neighbor insists - with a lawyer - on dismantling. Carport company has offered dismantling purely for "goodwill" reasons, but will only cover 50% of the costs; we have to bear the rest. We will swallow that, because somehow this house brings us no luck.

I am not a fan of lawsuits, as you surely know. On the other hand - even if a judge has a bad day - so much effort for 2 cm surely seems disproportionate even to a grumpy judge. I am fairly certain that the opposing lawyer is aware of this and has informed his client accordingly. They will most likely want to call the bluff.

Before you swallow the bitter pill - take about €200 in hand and talk to a lawyer you trust (specializing in construction law) about your case. I really am not sure that the law is on the side of the carport supplier. By the way, you can also combine this consultation with your issue regarding compliant execution.

Slowly I really wonder, are we just unlucky? Unlike our acquaintances, I really took care, informed myself, and also checked (otherwise many other things would be wrong in and around our house). The others in part were never on their construction sites and everything is peace, joy, and happiness.

Just as there are "Monday cars," there are also construction sites where something is wrong from start to finish. Why that is ... who knows; probably it’s a mix of many things.

Rhineland greetings

Wastl, that doesn’t help me.

No construction expert, it was already noticed immediately when the patio roof was up that it was too long. We contacted the people, that is, the installers, right away. So we didn’t accept it in that sense. What were we supposed to do on that day?

The next day the carport guy came and wanted to have a talk with the neighbor, who is not willing to make any concession. The carport company neither, although they admitted that it is too long. So what is this supposed to be?
My husband wants to avoid a legal dispute and has now agreed to the 50/50 solution, but I am really pissed off and would never hire this company again and never recommend it. Especially since the order explicitly stated: Border construction, boundary stone -2 cm. Precise measurement by the technician on site.

But whatever. That’s how it is, the neighbors are through with me, the carport builder too.
Reconstruction will only take place in spring due to temperature reasons.

Regards Hilaria

@Bauexperte, yes, meanwhile I also think we have a lemon of a construction site, because we still have several nice issues regarding the city and warranty. Our general contractor has not responded to defects for 3 months despite the deadline. My husband is just too soft. If nothing happens in the new year, I will strike back hard.

The next day the carport guy already came and wanted to talk to the neighbor, who is not willing to make any concessions. Neither is the carport company, although they admitted that it is too long. So what's the point?
My husband wants to avoid a legal dispute and has now agreed to a 50/50 solution, but I am absolutely furious and would never hire this company again nor recommend them. Especially since the order directly stated: boundary construction, boundary stone -2 cm. Detailed measurement by the technician on site.

But whatever. That's how it is, the neighbors are done with me, the carport builder as well.
Due to temperature reasons, the conversion will only take place in spring.

Okay, I am tough on this and will harp on it until it is understood.

1. In Bavaria, the determination/verification of boundaries is solely the responsibility of the state surveying offices or the sworn field experts. As far as I can gather from your statements, no surveying office/sworn field expert was present on site – ergo, the actual location of the boundary is unclear. Even if boundary stones have been found or are visible, that is not a sufficient criterion. Boundary stones can deviate locally from the target coordinate itself in the coordinate cadastre by up to 3 cm (value for NRW – likely similar in BY), and even more in older development areas with poorer cadastral quality. If only the tops of the boundary stones are visible, it is not immediately discernible whether and how far they are tilted, which often occurs in already built-up areas because the stones are mortared in and/or damaged, moved, etc. during construction measures. What the carport builder is doing/claiming there is – well, how do I say this with due respect – at best … negligent.

2. Even if the overhang should be determined and indeed 2 cm of the roof extend onto the neighbor’s property on some section, that is still a defect one must put up with. No judge in Germany will order a demolition because of such a trivial issue; otherwise chainsaws will become scarce in Germany tomorrow.

So: take a deep breath, let the neighbors be neighbors, and wait for a lawsuit. No lawsuit will come; if a lawsuit does come, however, get a construction law attorney involved and sue the carport builder for 100% of the damages. Because if the colleague claims that he can transfer a boundary to under 2 cm accuracy on site (which he does, with his "technician detailed measurement"), then he should pray that he has professional liability insurance that covers such cases. But he won’t get that anywhere in Germany and that is exactly why he is resisting with all his might – his regular insurance will probably reject the claim on the grounds that he should have involved a sworn field expert or the surveying office for installation/dimensioning near the boundary. Because he – and I like to repeat myself here – is unauthorized to check the boundary or the boundary stones.

Best regards
Dirk Grafe