ᐅ Height difference at the property boundary – Neighbor has built up the ground twice

Created on: 25 Mar 2018 00:46
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Eldea
We have not moved in yet and have already had the first discussions with the neighbors.

The issue concerns the difference in ground levels at our property boundary. At the moment, there is quite a gap between us. Our neighbor has raised their ground twice, while on our side the topsoil was removed once and later several more layers were taken off, and a strip foundation was installed along the boundary for our prefabricated garage.

Some time ago, we already mentioned that something needs to be done about the height difference, especially since our neighbors raised their ground and we plan to return to street level after raising and paving our area.

Today the topic came up again, and we were told that they will lower their ground by half a meter and that we would have to cover the entire cost of the supports, as we supposedly removed so much soil. €20,000 would be too much money for them (which I can understand). But actually, we only excavated for the strip foundation, and later we want the garage to be at street level. Therefore, we believe that if anything is done and they lower their ground, the costs should be split 50/50.

I should add that they claim they did not raise their ground and that the difference occurred because of our excavation. For this reason, they don’t want to pay anything and apparently cannot afford it at the moment.

We suggested that we might be able to avoid using L-shaped retaining walls if the garage can handle it. However, the height difference must not be too large. We still need to inquire about how much difference is acceptable. They want to ensure that trucks can still access their property for various works (garden design, pool construction, etc.) and that the ground level remains high enough so that their slab foundation stays covered (the slab foundation part is understandable). I believe they also want to park their motorhome there in the future.

Do you have any advice on what options are available here?

I think our general contractor can measure again with us and explain the final levels we will reach. I believe the state of Hesse says if you stay close to the natural ground level, then both parties must share the costs.

If necessary, everything except our garage and driveway must be gradually leveled over time, but even then I think this should be a shared responsibility.

What I find critical and want to question further is the slope that the property has towards the back. I will upload a plan soon.

Ideally, I would like a solution that satisfies both parties, but I am not willing to cover the full costs alone. Maybe I am misjudging the situation, so it would be helpful if someone familiar with this topic could weigh in.
Detail plan of a building plot with brown shaded building zone, tree and dimension lines.

Technical construction plan of a prefabricated garage: foundation, roof, windows, dimensions.

Northeast view of a house as an architectural drawing with roof, windows and doors
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Eldea
25 Mar 2018 11:15
No, we are the ones without parking spaces in front of the property.

I quickly found the pictures.
Construction site with earth piles, wood scraps, and fence; residential house in the background.

Construction site with deep trench next to unfinished house; neighborhood in the background.

Construction site: foundation with reinforcement, gravel, and earthworks; wooden planks lying around.

Excavation with fence, worker with helmet at the construction site, houses in the background
tomtom7925 Mar 2018 11:22
At your boundary, how deep is the garage compared to the original natural ground level?
It looks to me as if you also excavated part of the natural terrain to get a level surface for the house?
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Eldea
25 Mar 2018 11:49
tomtom79 schrieb:
At your property boundary, how deep is the garage compared to the original natural ground level?
To me, it looks like you also cut into the natural terrain to make the house level.
We thought the same and brought it up several times with our site manager. He said they followed the plans exactly. And once everything is backfilled and the paving is installed, we should be at the planned level as intended [emoji848]

We still need to discuss this with our main contractor (civil engineer). If that doesn’t help, we’ll have to consult our expert.
tomtom7925 Mar 2018 12:08
I reviewed it again, and according to the plans, everything is correct on your side.

The garage is at 166.65 m (547.0 ft), and the natural ground level is marked accordingly. If there is any discrepancy, it would be a maximum of 10-15 cm (4-6 inches).

I would confront the neighbor about this and ask him to secure his property.
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Escroda
25 Mar 2018 12:09
Photos can be misleading, but it also seems to me that the height difference of 30cm (12 inches) between the finished floor level of the house and the finished floor level of the garage, as indicated in the plan, was not taken into account. Accordingly, you would have excavated 30cm (12 inches). Similarly, the neighbor, if they plan a level parking space up to the boundary, will likely have to add fill material, probably in about the same amount as your excavation. Therefore, the costs for retaining structures should be shared. It is a pity, really, as in my opinion this could have been avoided with better planning. Taking a look at the neighbor’s approved building documents might also be revealing. Their planner must have also considered the height differences.

The crucial point is who ultimately excavated or filled how much at the boundary.
tomtom7925 Mar 2018 12:15
The baskets from the foundation are still sticking out, which can be misleading at first glance.