Wall on property boundary

  • Erstellt am 2015-08-12 09:57:21

cuddee

2015-08-13 14:41:58
  • #1
The building regulations of the city state:

"A 5.0m wide strip of land adjoining public and private traffic areas is applicable as an area for optionally required embankments and excavations to integrate the street axes into the terrain profile and to compensate for topographical irregularities / offsets. Corresponding embankments / excavations must be tolerated by the owner on his property."

And:
"At the property boundaries, the planned terrain must be adapted to the natural terrain profile of the neighboring properties or the adjacent street level."

And also:
"Retaining walls may only be constructed up to a maximum height of 1.50m if they are required due to terrain conditions. Any further height difference must be compensated by slopes at a ratio of up to max. 1:2. Staggering of retaining walls is not permitted."
 

f-pNo

2015-08-13 15:03:02
  • #2


Hm – thus you or the neighbor may only build a wall up to a max. height of 1.50 m and slope the rest off (max. 45 degrees). However, I do not know how the matter is handled if one has dug out and the other has filled up – as described by . In my understanding, some kind of staggering of the walls should be possible, since each property owner must support a part themselves – meaning the "staggering" is not done by one owner.

Regardless, I wish you lots of fun with the conversation with your neighbors . Because it seems they have not yet realized their obligation to support. Great basis for discussion .
 

ypg

2015-08-13 15:04:26
  • #3
Then he has to build the retaining wall up to max 1.50, as he is further along in the construction phase. You have to slope off. Am I making a mistake in my reasoning?
 

Musketier

2015-08-13 15:05:04
  • #4
The prohibition of terracing would exclude 2 retaining walls one behind the other.

If you say that the street is currently 2m higher and one assumes a height of about 3m for the basement construction, he would have had to dig about 1m. Assuming the previous property level, he would be obligated to retain 1m.

On the other hand, if you base it on the street level, he probably should not have gone that deep and would therefore have to fill in. Unless one of the lawyers here has a good idea, I would look for a lawyer, as the neighbor is responsible either way.
 

cuddee

2015-08-13 15:12:50
  • #5
Yes, we are also very much looking forward to the discussion. Especially since the gentleman has even already threatened other neighbors with a lawyer and said he would immediately turn to the state. So far, he has also not responded to our contact attempts.

Now we will wait and hope for an agreement or understanding. However, we will not hesitate to involve a lawyer. After all, that’s what legal expense insurance is for ... Thanks to you all in any case! I will continue to report.
 

Musketier

2015-08-13 15:17:10
  • #6


Are you sure it applies? Because there are only very few special construction legal expenses insurances. The regular legal expenses insurances exclude construction.



Definitely an interesting topic, the resolution of which I would be interested in.
 

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