ᐅ Who is responsible for restoring the height of the garage/parking space?
Created on: 27 Sep 2023 15:54
D
darksunHello,
we have built and now there is some uncertainty about who is responsible for the costs of the necessary retaining walls (L-shaped concrete blocks) in the area of the garages and parking space.
For your information, there are two houses. The driveway area and house area for both houses have been excavated and are now at (let’s say) 0 meters (0 feet) elevation.
This is correct.
The area for the two garages and the parking space between the garages is also at 0 meters (0 feet).
Garage A is retaining earth at the back and will be backfilled with soil.
The adjacent parking space area A will have retaining walls at the rear, so that the garden area can be restored to the elevation shown in the building plan (let's say: 270 cm (106 inches)).
Neighbor A will pay for these retaining walls.
What is unclear is the area marked in red.
Retaining walls are also needed there, because the sidewall of Garage B is not earth-retaining and must be protected from soil pressure.
Neighbor A argues:
B must pay because the original elevation, as shown in the development plan (in the garden area), must be restored, and soil must therefore be replaced along the 2-meter (6.5 feet) area of the Garage B sidewall.
Neighbor B argues:
Neighbor A must pay for the retaining walls on the sidewall of their garage (2 meters / 6.5 feet) so that soil does not press against and damage their garage wall.
The replaced soil would damage Neighbor B’s garage.
What is the correct interpretation of the elevations in the development plan?
Does A have to bear the costs so that this elevation can be restored,
or does B have to pay because the red-marked area must be brought back to the elevation in the development plan at their expense?
we have built and now there is some uncertainty about who is responsible for the costs of the necessary retaining walls (L-shaped concrete blocks) in the area of the garages and parking space.
For your information, there are two houses. The driveway area and house area for both houses have been excavated and are now at (let’s say) 0 meters (0 feet) elevation.
This is correct.
The area for the two garages and the parking space between the garages is also at 0 meters (0 feet).
Garage A is retaining earth at the back and will be backfilled with soil.
The adjacent parking space area A will have retaining walls at the rear, so that the garden area can be restored to the elevation shown in the building plan (let's say: 270 cm (106 inches)).
Neighbor A will pay for these retaining walls.
What is unclear is the area marked in red.
Retaining walls are also needed there, because the sidewall of Garage B is not earth-retaining and must be protected from soil pressure.
Neighbor A argues:
B must pay because the original elevation, as shown in the development plan (in the garden area), must be restored, and soil must therefore be replaced along the 2-meter (6.5 feet) area of the Garage B sidewall.
Neighbor B argues:
Neighbor A must pay for the retaining walls on the sidewall of their garage (2 meters / 6.5 feet) so that soil does not press against and damage their garage wall.
The replaced soil would damage Neighbor B’s garage.
What is the correct interpretation of the elevations in the development plan?
Does A have to bear the costs so that this elevation can be restored,
or does B have to pay because the red-marked area must be brought back to the elevation in the development plan at their expense?
So, you are Neighbor A and have excavated your property by 2.70 meters (8 feet 10 inches) from the uphill original ground level down to driveway height at the road side. After building the garage, you backfilled the ground behind your garage and the adjacent parking space to the original height. Your neighbor’s garage is at the same level as your garage, parking space, and driveway. At what height is their garden then, and was it left undisturbed? Is the garden behind their garage theirs or yours as well?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
You understood everything correctly!
His garden is at the same level as ours and the garage, so about 270cm (106 inches) higher than the parking space and garage driveway.
The red line marks the boundary; behind his garage is his garden. (also roughly 270cm (106 inches) higher than the parking area, on the same level as the garage roofs)
11ant schrieb:
At what height is his garden, and was it left untouched? Is the garden behind his garage his or yours?
His garden is at the same level as ours and the garage, so about 270cm (106 inches) higher than the parking space and garage driveway.
The red line marks the boundary; behind his garage is his garden. (also roughly 270cm (106 inches) higher than the parking area, on the same level as the garage roofs)
darksun schrieb:
L-shaped retaining walls are also needed there, because the side wall of Garage B is not designed to withstand soil pressure and this wall must be protected from earth loads.I’m not an expert, but isn’t the issue already present where the neighbor builds a garage without soil-retaining walls directly on the property line, in an area subject to earth pressure due to the original ground level?
He cannot expect or require Neighbor A to place L-shaped retaining walls along his garage on their property, regardless of who would pay for it.
The earth pressure on the side wall in the area circled in red was therefore only temporarily missing while you were excavating the site, and it has now been restored there?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
11ant schrieb:
The earth pressure on the side wall in the area circled in red was therefore only temporarily missing while you excavated the site, and it has only just been restored there, correct?Exactly, the soil was only removed to set up the garages and the desired parking space, and it was clear that the ground level behind the parking space would be restored to its original level (using L-shaped retaining walls behind the parking space). His garage was actually installed at the same time as our garage and the parking space! Before that (until about 4 months ago), it was all "soil" there.
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