ᐅ According to the architect, building a garage directly on the property boundary is not permitted.
Created on: 10 Sep 2015 09:04
W
Watcher78
Hello everyone,
our plot (X) has been leveled and the heights have been measured. We had originally planned to place our garage at the front left, on the southwest side of our property.
The scan shows that the right boundary marker is at zero elevation, and there is then a slope of 0.85 meters (33.5 inches) down to the second boundary marker. We actually want to position our garage there due to the sun’s path and because our neighbor has large windows facing us. Our architect says it is only possible on the right side, along the boundary of the existing house number 17.
Our neighbor to the left has already started construction and has excavated into the plot. If I understand correctly, his excavation is 2.61 meters (103 inches) below our right boundary marker.
I still don’t understand why we are not allowed to build our garage along the boundary with the left neighbor. After all, he has excavated into the terrain.
Could someone please explain this to me or confirm that our architect is wrong? We are building in NRW, in case that is relevant for boundary construction rules.
our plot (X) has been leveled and the heights have been measured. We had originally planned to place our garage at the front left, on the southwest side of our property.
The scan shows that the right boundary marker is at zero elevation, and there is then a slope of 0.85 meters (33.5 inches) down to the second boundary marker. We actually want to position our garage there due to the sun’s path and because our neighbor has large windows facing us. Our architect says it is only possible on the right side, along the boundary of the existing house number 17.
Our neighbor to the left has already started construction and has excavated into the plot. If I understand correctly, his excavation is 2.61 meters (103 inches) below our right boundary marker.
I still don’t understand why we are not allowed to build our garage along the boundary with the left neighbor. After all, he has excavated into the terrain.
Could someone please explain this to me or confirm that our architect is wrong? We are building in NRW, in case that is relevant for boundary construction rules.
If I have interpreted the parameters correctly, this would only be possible through a building encumbrance (Baulast). This involves additional costs, and the relevant plans must be prepared by a publicly appointed surveyor or the cadastre office in North Rhine-Westphalia. Architects are explicitly not allowed to prepare site plans for registering a building encumbrance.
Another drawback: for any further or future building applications (such as extensions, additional garages, carports, etc.), the site plans submitted with the building permits must also be produced by a publicly appointed surveyor or cadastre office as official site plans. Although this may not always be noticed during the review, as a property owner you might be lucky and have an architect’s plan accepted, but this should at least be kept in mind for any subsequent construction projects. This especially applies to the neighbor, since the building encumbrance rests on their property. While technically it also applies to the benefiting property (yours), it tends to be overlooked during inspections by the building authority.
However, the neighbor may still, for example, build a garage (i.e. a so-called privileged building project) within the building encumbrance. This means that with careful mutual planning, you can avoid any structural disadvantages despite the building encumbrance being registered.
Best regards,
Dirk Grafe
Another drawback: for any further or future building applications (such as extensions, additional garages, carports, etc.), the site plans submitted with the building permits must also be produced by a publicly appointed surveyor or cadastre office as official site plans. Although this may not always be noticed during the review, as a property owner you might be lucky and have an architect’s plan accepted, but this should at least be kept in mind for any subsequent construction projects. This especially applies to the neighbor, since the building encumbrance rests on their property. While technically it also applies to the benefiting property (yours), it tends to be overlooked during inspections by the building authority.
However, the neighbor may still, for example, build a garage (i.e. a so-called privileged building project) within the building encumbrance. This means that with careful mutual planning, you can avoid any structural disadvantages despite the building encumbrance being registered.
Best regards,
Dirk Grafe
W
Watcher7810 Sep 2015 21:25Hey, well, we wanted to place it on the left because the sun comes from the right. That was the reason. But it will probably end up on the right anyway, because otherwise the effort is too high.
Garage on the right and entrance on the right is a bit inconvenient because it wastes space between the entrance and the garage. That space would have to be at least 2m (6.5 ft).
With the entrance at the front, we still have the option to create a terrace on the left side running from southwest to northwest. That’s the plan.
Garage on the right and entrance on the right is a bit inconvenient because it wastes space between the entrance and the garage. That space would have to be at least 2m (6.5 ft).
With the entrance at the front, we still have the option to create a terrace on the left side running from southwest to northwest. That’s the plan.
Well, the sun only comes from the right in the morning... For most of the day, it’s actually in front and to the left... I didn’t think that before either, but the west side is noticeably warmer and sunnier than the south side. That way, you can put large windows in the front and on the left side and have natural light in the rooms all day long.
You can also move the garage on the right further back and place the entrance in front of the garage. That way, you don’t need any space between them and still have parking spots in front of the garage. But even with some space in between, it can look very nice and be used effectively. I just think that, for your lot, having the entrance in the front is the less favorable option in terms of the house orientation...
You can also move the garage on the right further back and place the entrance in front of the garage. That way, you don’t need any space between them and still have parking spots in front of the garage. But even with some space in between, it can look very nice and be used effectively. I just think that, for your lot, having the entrance in the front is the less favorable option in terms of the house orientation...
W
Watcher7811 Sep 2015 19:18Hi Kisska, moving the garage further back isn’t possible because of the steep slope. The only option is not to attach it directly to the house, but then we lose the space between the house and the neighboring property for the front terrace.
We received our current elevation plans today. You can find them here: https://www.hausbau-forum.de/threads/grundrissbeurteilung-mit-ansichten.13436/
We received our current elevation plans today. You can find them here: https://www.hausbau-forum.de/threads/grundrissbeurteilung-mit-ansichten.13436/
Similar topics