Terraced house and balcony extension

  • Erstellt am 2019-05-16 18:17:38

lesmue79

2019-05-16 18:17:38
  • #1
I have a question about an existing property, specifically a terraced house in Rhineland-Palatinate.

Is the resident of the middle house allowed to build a balcony up to the boundary of the outer house? This would mean full view of the other property from the resulting balcony. Apparently, a privacy screen is planned, but due to different terrain heights, depending on the viewing angle, it will be higher than 3m?

According to the state building code, I find distances of 2m to the boundary? However, it always talks about the opposite boundary, so I am not sure if there are no special regulations for terraced houses?
 

Escroda

2019-05-16 19:57:19
  • #2
The question is not so easy to answer, especially without extensive information about the existing planning law (e.g. development plan) and the building situation (site plan, year of construction, heights, dimensions of the balcony ...).
If the balcony does not protrude more than 1.5m beyond the wall, it is disregarded for the distance areas. However, as you have correctly noted, this only applies to the wall from which it protrudes. The state building code remains silent on the lateral effects.
From a planning law perspective, terraced houses are considered closed development where boundary construction is prescribed. This does not necessarily require congruent boundary construction. However, if the balcony exceeds a building boundary, an enforceable defense option could be derived from the regulation, which actually does not protect neighbors.
Since building approval authorities are often uncertain in such cases themselves, they like to require neighbor approval in order to avoid litigation risk. If the authority grants the permit to your neighbor without your consent, the litigation risk naturally lies with you. If it is a very painful thorn in your side, only specialist legal advice can help.
 

lesmue79

2019-05-16 20:19:20
  • #3
Well, there's no development plan since the house(s) have been standing since 1915.

Ultimately, I don't really care about the balcony, but since it's a terraced house and consequently the windows are very close to each other, I don't want the summer barbecue smells coming from the directly adjacent balcony into my windows, not to mention the cigar-smoking neighbor, or lack of sunlight because suddenly a privacy screen might appear on the balcony. In an apartment building, the landlord can forbid or prohibit certain things.

Here I can't do that because there are two owners. Therefore, this means hoping for understanding, or disputes may arise.

Furthermore, the balcony, due to its proximity to the boundary, also represents a certain decrease in value or a deterrent effect for potential buyers should the property ever be put up for sale.
 

ypg

2019-05-17 13:44:56
  • #4


I call that: very factual arguments. He can do that from the terrace next door as well. I think a townhouse resident should be aware that he has neighbors in a townhouse from whom he notices something, so such arguments are smoke and mirrors for the authorities.


??? My husband and I also had a townhouse, so the house had two owners... or did you mean that there is a separate residential unit upstairs? Is that even legal? Maybe you can make something out of that argument.
 

lesmue79

2019-05-17 13:59:16
  • #5
In the meantime, the building authority has confirmed in a conversation that the balcony basically requires a building permit. Due to the proximity to the boundary, windows, and light rights, our approval must be obtained. If not, and the thing were installed without permission, dismantling/demolition is threatened.
 

Similar topics
06.08.2008Climbing plant as a privacy screen20
26.02.2014Single-family house - Is a balcony on the 1st floor sensible?14
04.05.2015How long is a development plan valid?20
26.06.2015Floor plan question, stairs, window, orientation12
05.01.2017Bathtub in front of the window - parapet height?14
17.07.2017Detached single-family house, boundary construction, possible land expansion10
07.01.2018Higher visual privacy behind a regulation-compliant enclosure?12
19.05.2018Floor plan of new single-family house: Are window/door/interior wall size/arrangement okay?20
03.06.2020Floor-to-ceiling windows - Why floor-to-ceiling windows? Advantages and disadvantages?112
10.08.2018Installation of floor-to-ceiling window & French balcony, old building, 4th floor12
24.12.2019Height of the fence to the neighbor and windows in the boundary construction59
15.09.2020Boundary construction - hide ugly rear house wall42
08.09.2020Floor-to-ceiling windows or double-wing door with French balcony?25
27.01.2025Interpretation of the 1957 development plan <-> possibilities for new construction36
03.11.2021Border-adjacent construction closed building style - windows of neighboring buildings13
29.11.2021Window sill height 130 in the bedroom / study?93
22.05.2022Window sill height 25 or 50 - height of fall protection28
13.03.2023Is a 12m border construction "underground garage" possible?12
29.01.2025Advice on the size of the balcony overhang on the upper floor23

Oben