ᐅ Boundary Construction and Right of Way – Experiences

Hello experts,

Question about my property (the one on the right):
The green area is a shared right of way. On the left, there is a neighbor’s house, 2.5 stories high. I had considered converting the garage into living space, but this is generally not allowed due to building setback regulations.
Because of the right of way (which is entirely on the neighbor’s side) and the red-marked 4m (13 feet) wall, as well as the small distance to the neighbor’s house to the south, the question arises:
Is there any chance to still convert the garage into living space? The idea would be: If the neighbor does not respect the boundary rules, do I then not have to either?
Both buildings are certainly over 50 years old.

Thanks for the help,
Regards
ruediger42

ruediger42 schrieb:

Isn’t there still a chance after all?

Probably not. At least not...

ruediger42 schrieb:

Like the idea: If the neighbor doesn’t respect the boundary, I don’t have to either?

If you want to make any changes to the existing building—assuming it is not illegally placed—you must comply with current building regulations. Living space built on the property boundary (in your plan even overbuilt) is only permitted in attached building developments or with structural tie-ins. The first option does not apply here, unless there is a zoning plan. If house number 8 ends with a fire-rated wall, a variance under Section 56 of the State Building Code might be possible. However, this would need to be assessed on site by a qualified building professional.