Do neighborhood clocks violate privacy?
Border development: Regulations for the property boundaries
The border development is subject to restrictive regulations.. When it comes to the area close to the property line, special regulations must be observed. When erecting the garden house or building a wall to enclose your own property, certain clearances must be observed. If this is not observed, the neighbor can demand that the garden house and wall be dismantled again.
Where is the border development determined?
The regulations on border development are set out in the Neighborhood Law of the Civil Code in Paragraphs 903 to 924 and 1004. In the individual federal states, however, these regulations are interpreted differently and partially supplemented. Each federal state has its own neighborhood law and, in addition, the regulations in the building code of the municipality must be observed.
Why is the border development regulated separately?
At the property boundary, your own legal claims collide with those of your neighbors. Although one can exercise the right to rule over one's own land, the rights of the neighbor must not be violated. The regulations for border development should:
- protect the neighbor's privacy
- ensure fire protection
- ensure the ventilation of the neighboring property
- ensure sufficient exposure of the neighboring property
When are exceptions permitted?
If the neighbor has built up to the property line himself, you can do the same. However, if the neighboring house is directly on the border, a fire protection wall must be erected between this and your own house. Without this measure, the building will have to be dismantled. Anyone who has previously agreed on a construction load with their neighbors can build directly on the fire protection wall with the same profile.
If there is a dispute between neighbors, the responsible arbitration office is called in first. Only if no agreement can be reached does the dispute have to be decided by the civil court.
Border development with buildings
A garden shed or garage can be no more than three meters high and nine meters long. In addition, the floor space of a garage must not exceed 40 square meters.
Building with windows on the border with the neighboring property
Every owner has the so-called window right. However, if the exercise of this right violates the neighbor's right to privacy, he can invoke his right to protect the window. In the neighborhood law of the federal state you can find out about the applicable regulations.
Hedges and fences on the property line
The building regulations regulate how the property boundaries may be designed. In Berlin, fences must not be higher than 1.25 meters, in Munich 1.50 meters are allowed. Hedges up to one meter high should have a minimum distance of 25 centimeters from the neighboring property. The minimum distance increases gradually and is six meters for 15 meter high trees. The trees also need to be cared for to avoid damage from falling branches.
Take up building load for border development
If the spacing areas cannot be maintained, but would be available on the neighboring property, a spacing load can be taken up. If this construction load severely restricts the development of the property in question, it significantly reduces the value of the property. By entering a border building right in the land register, you can secure the rights of future owners, and this in turn increases value.
The neighbor's consent is required
If the building application applies for a building permit that does not comply with the spacing areas, the building authority will obtain a statement from the neighbor. The latter can veto and demand dismantling in the event of non-compliance. The consent should definitely be put in writing in order to avoid future legal disputes.
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