Undercutting the boundary distance of 3 m

Good morning,

I hope to receive a well-founded answer to my question regarding the undershooting of the setback distance of 3 meters. In this respect, I would ask that statements be made only based on corresponding personal experience or professional knowledge. So no "I think" or "I assume." Thank you for your understanding. :-)

During the building survey by a publicly appointed surveyor, it was found that the setback at one side of our single-family house is only 2.98 m instead of the required 3 meters. It is a new building with the following wall structure: 20 cm KS + 16 cm ETICS and plaster. The undershooting is not visible to the naked eye, as the boundary line is not apparent. Only some boundary stones were found during staking out ("old development area" from the 60s/70s, not a new development area). The surveyor did not address this issue. I only received the survey protocol by mail. A copy is routinely sent to the Lower Building Authority (Building Department).

My questions:
1) What is the usual further procedure? That is: what does the building department do with the survey protocol? File it and possibly wait until the neighbor possibly "complains," or do they become active now? If yes, in what way?

2) Are there possibly "construction tolerances" within which deviations are accepted?

3) How could the defect – if necessary – be remedied?

Thank you for your feedback.
Best regards

Do you want a legal or practical answer?

Legal: Dismantling to the correct boundary distance is required.
Practical: Nothing will happen, as the boundary distance was accidentally exceeded and dismantling would be disproportionate.

Nobody can give you an answer to that because each building authority has its own discretionary scope regarding tolerances.

I had explicitly asked for profound answers...

Normally, I would have the measurement repeated until it randomly comes out to 3.0m ;)

A copy of this is routinely sent to the lower building authority (building department).

If the documents are already on their way anyway, just ask the office and not us. What worse could happen? You don’t want to hear our amateur opinion anyway....

Anyway, be much friendlier to the office than here in the forum, because the office only has leeway for fallen variants, dismantling, and proportionality. So be polite if you want a benevolent decision.

I had explicitly asked for profound answers...

You got that...

Only the building authority will be able to answer more profoundly.