Terrace roofing semi-detached house half / permission

We would like a roof covering that would be 6-7 meters long and should extend 3.5 meters in depth.

That would clarify the procedural freedom. However, important information is still missing. I will translate my regrets into questions:

Too bad, OP made no statements about planning law.

Is there a legally binding development plan? If yes, would you like to show it, including the textual provisions?

Too bad, OP did not show a site plan on which the existing development could be seen

Would you like to show us the site plan with the drawing of the residential building and the neighbor’s house?

Too bad, OP provided no information on construction encumbrances.

Are there construction encumbrances or easements in favor of or burdening the property?

We cannot maintain the minimum distance of 3 meters to our neighbor.

In BW the minimum distance is 2.5 m; for buildings with wall lengths up to 5 m it is even only 2 m. Would complying with the 2 m be an option?

So we will not get around needing a permit.

Permit from whom?

I have read several times now

Where?

That is unimaginable for our neighbor.

Did he not want to sell last year? Or are the buyers even worse?

Does he really have to agree?

That depends...

I have only read that you are supposed to leave 3 meters of space to your neighbor.

Where can one read that?

Our terraces are separated by a gabion fence.

On whose property does it stand?

I’ll try to attach a picture.

Attempt succeeded, but the picture is not very conclusive. Best case: There is a legally binding development plan that sets open construction, limited to semi-detached houses, or closed construction, and the building boundary is at least 3.5 m away from the house => You do not have to ask anyone and just start building. Worst case: There is a legally binding development plan that sets open construction without restrictions, the residential building stands on the rear building boundary, and there is an encumbrance limited to the gable wall of the residential building => The encumbrance must be extended by a renewed declaration of encumbrance by the neighbor and an application for isolated exemption for exceeding the building boundaries must be filed with the municipality. Trouble threatens in both cases also from the fire protection side and the gutter. The first is not my field, but I have heard in passing that only with the new version of the state building code in 2019 in NRW firewalls are no longer required for terrace roofs at the boundary, which by contrast means they were necessary before and may still be in BW today, and the latter because the gutter may prevent the roof from being extended up to the boundary, i.e. being built with boundary distance and thus the 2 m would have to be observed again.

Hello
I actually wanted to answer you earlier, but unfortunately I didn’t have the time. Our kindergarten is currently closed.
Sorry about that.

Didn’t he want to sell last year? Or are the buyers even worse?

Yes, he did. I also saw the potential buyers again afterwards. Our neighbor would have increased the house price by 20,000 euros at short notice.
Whether that’s true, I can’t confirm. Maybe the financing fell through. Very unfortunate.

Is there a legally binding development plan? If yes, would you like to show it, including the textual determinations?

Yes, there is. But I’ll get to that later. I can also send it to you. But more about that soon.

Are there any encumbrances or easements for or against the property?

No, there aren’t any.

On whose property is it located?

It is located on his property. Well, not quite. He has encroached 4 cm over, onto our side. His house also stands 4 cm on our property.

My husband called the responsible building authority. It is the case that our semi-detached house stands on the rear building boundary. So basically the worst case.
How things will proceed now remains to be seen. We are supposed to send the site plan of the house and the planned terrace roof with the corresponding measurements to the building authority.
There was supposed to be an inspection of our building area last autumn. How, I don’t know either.
It feels like every second person here has a terrace roof. The responsible building authority knows that too. Something will happen there.

I would like to give you more information on your questions. But honestly, I am overwhelmed myself.
You must have noticed that too.

But we also have a plan B. If nothing comes of it, we will switch to an awning. There are supposed to be some really great ones.
Because of all the corona restrictions, we no longer have as much time to deal with everything intensively. The children also want to be entertained :)

Best regards