ᐅ Terrace Wall Adjacent to Neighbor – What Should We Consider?

nordanney schrieb:

Let’s start with the fence on the property boundary. Your neighbor can request a common boundary fence, and you must cover 50% of the costs. If you don’t agree on a fence, you only have to pay your 50% share of the local standard fencing.

Besides that, there is another fence possible behind the shared boundary fence. This is allowed, but you should keep some distance from the boundary fence. Also, the fence must not harass the neighbor or cause an “unreasonable burden.” For example, a 2m (6 ft 6 in) high concrete wall as a fence would likely have to be removed if requested. A normal fence (e.g., welded wire fence panels or similar) set back by about 50cm (20 inches) up to 2m (6 ft 6 in) high is generally allowed.

Note: Check the local land-use plan (building permit / planning permission), as it may include regulations that override these neighborhood rules.

Thank you very much for the detailed explanation again. What would be considered a standard fence? Would a chain-link fence be acceptable here? Because even if I only have to pay 50%, I don’t want to spend thousands of euros on it. The neighbor wants a welded wire panel fence at 120cm (4 ft), but I’m not necessarily set on that; I’m still unsure what I want. I’m attaching a picture of the direction it’s supposed to go. And yes, 180cm (6 ft) is more than enough for me. As I said, I don’t intend to upset the neighbor; I just want privacy at a reasonable height. Since the street is in front of us and the neighbor’s property on the left is undeveloped, we will do 180cm (6 ft) there, and the small section next to neighbor Müller will also be 180cm (6 ft). I think it’s about 7 meters (23 ft).

By the way, I have the response from the building authority, which I will add below. So, if I put up fences, do I have to plant greenery around them, or how do you understand that?

Also, the city planning officer knows Mr. Müller. He once had a confrontation because he wasn’t allowed to develop a parking space that the developer sold him as a parking lot. He made a big fuss, which is partly understandable, and he got 7000 euros refunded for it and can keep it as a meadow. Otherwise, he would have too little green space if he built on it due to the subdivision of the plots. Nevertheless, he built there against the building permit. That means I have so far avoided “waking sleeping dogs,” but if necessary, I will also consult city planning since now I don’t care if they check and his illegal construction is uncovered. It doesn’t affect me, and actually, his illegal parking lot solves the problem of where he parks his cars, as otherwise he used to park on MY property and I had nowhere to park for myself.

Bauherrin123 schrieb:

What would be a typical enclosure?

Whatever is commonly used around your area. If all the houses in the neighborhood have welded wire panel fences, then that’s what it would be. If there’s no common standard, then it’s usually a chain-link fence.

Bauherrin123 schrieb:

By the way, I have the response from the building authority; I’ll add it below. So, when I put up fences, do I have to plant vegetation around them, or how do you understand it?

That refers to the front yard and areas facing public spaces (street, etc.). NOT to the boundary with the neighbor. It seems there are no restrictions for the latter.

Bauherrin123 schrieb:

But please add a picture to show which direction you mean.

Hmm. That kind of thing can easily cause disputes, and the neighbor might end up worse off. I would rather not do it—at least not in your situation. It would be too risky for me.

Consider a second welded wire panel fence, topped with privacy screening. Leave the bottom part open and plant a bed of shrubs or plants in front for ground-level privacy.

nordanney schrieb:

That’s what you’ll see around your area everywhere. If all the houses in the neighborhood have welded wire fences, then it will be those. If there’s nothing common or standard, then it’s usually a chain-link fence.

This is about the front yard and areas opposite public spaces (streets, etc.). NOT about the boundary shared with your neighbor. There don’t seem to be any restrictions there.

Phew. You could have a big argument over something like this, and the neighbor might even come out ahead. I’d rather avoid that—at least in your situation. It seems too risky to me.

So what’s so bad about the fence that the neighbor would win? I want to have a look quietly, something in anthracite and a bit more sophisticated than a welded wire fence. But I don’t want to start a conflict over it. I’m also open to alternatives, I just don’t understand why I couldn’t, for example, choose this one.

nordanney schrieb:

Think about a second welded wire fence with privacy screening attached at the top. Keep the bottom open and plant a bed of shrubs or plants in front that provide coverage near the ground.

That looks strange, doesn’t it? Or am I misunderstanding you? Do you mean I should build something like that on the boundary with my neighbor?

Bauherrin123 schrieb:

So what is so bad about the fence that the neighbor would win?

Because it is just a dark wall and feels very intrusive. I find the plain chain-link fence, planted on both sides, much more natural.

Bauherrin123 schrieb:

So what exactly is wrong with the fence that the neighbor would have a case?

It’s like a wall. According to Section 906 of the Building Code, this can be considered an unreasonable impairment of the neighbor— for example, because of the shadow it casts or its appearance.

Bauherrin123 schrieb:

It looks strange, doesn’t it? Or am I misunderstanding you?

Yes, your wall looks strange.

Bauherrin123 schrieb:

Do you mean I should build like that right at the boundary with the neighbor?

Exactly. As I said, with some distance from the shared fence. You can’t just lean it directly against the common fence like that.

kbt09 schrieb:

Because it’s just a dark wall and looks very intrusive. I find a simple chain-link fence planted on both sides much more natural.

Yes, I want to think about the fence now and I’m gathering ideas. We have a large area to enclose and not too much money, but I want something nice. You’re welcome to share ideas with me. I was a bit confused because it can be somewhat intrusive and ugly for the neighbor, but that won’t change anything. He won’t like whatever I put at 180cm (6 feet), anyway. I won’t bring up the topic; he can settle it with his other neighbors first, as he definitely won’t agree to lower it to 120cm (4 feet). In the meantime, I’ll look around the neighborhood to see what is common and get some ideas.