Undercutting the boundary distance of 3 m

  • Erstellt am 2019-03-08 09:22:40

Escroda

2019-03-08 11:34:03
  • #1
Ask your publicly appointed surveyor if he still has all his marbles to document 2.98m in a 70s cadastre.

In NRW nothing would happen.

If it really concerns boundaries from the seventies, the 2cm are clearly below the error limit – hence my introductory sentence. To avoid exactly such questions, it is common to round to building regulation minimum distances within the permissible error limits.

If coordinate cadastres exist and ’s suggestion doesn’t work, meaning even an expert commissioned by the neighbor, which will cost around 2k€, also always comes to 2.98m, your neighbor can claim compensation. Court costs 3k, compensation 200€. In short: relax!
 

Ippebson

2019-03-08 12:29:13
  • #2


The intention was to benefit from actual experiences (personal or professional) on the same issue instead of frightening the building authority or possibly stirring up a hornet’s nest. Nothing more. Especially regarding question 1), that is, what exactly will happen next (e.g., the building authority contacts me and reports the "violation" or the affected neighbor is written to, etc.).

Best regards
 

Escroda

2019-03-08 18:19:49
  • #3

Well, Saarland is small and in other federal states it is not common for the surveyor to forward the building survey to the building authority. Where is this standard anchored (legal basis)? §78 (6) State Building Code is only a discretionary provision and the Surveying Act refers to the possibility of a legal ordinance. Does it exist?

Regarding my proposal

do you have nothing to say? The dog is already awake. And you paid him.

... contradicts


... I always wonder as well. That’s why I was just at the city library. Unfortunately, the crystal ball is already on loan and there is a very long waiting list, so no binding short-term answers are to be expected.
 

HilfeHilfe

2019-03-08 18:42:35
  • #4

Profound answer: woof woof, you have awakened the dogs!! One asks such questions beforehand and then sends the documents away! You are now at the mercy of the species called civil servant. If he acts strictly according to the regulations: dismantling!!!
 

guckuck2

2019-03-08 19:35:19
  • #5
Unless intent or gross negligence is involved, § 912 Baugesetzbuch applies
 

guckuck2

2019-03-08 20:34:47
  • #6


Of course, only in the case of encroachment. Sorry, obviously read inaccurately.

Don’t drive yourself crazy, no one in this field cares about that. Rounding is not done only by merchants.
 

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