ᐅ Distance Between Garage/Carport and Public Roads or Access Areas

Hello everyone,

This year I moved into a newly built semi-detached house on a corner plot. Next to the property, there is currently an 8m (26 feet) wide plot where, according to plans, a side street is likely to be constructed around 2017. Between my house and the 8m (26 feet) wide plot, there is a plot between approximately 6.5m and 7.5–8m (21 to 25–26 feet) wide (the property boundary runs diagonally).

The development plan states that a garage must be set back 5m (16 feet) and a covered parking space 1.5m (5 feet) from the public traffic area. However, I would like to build a double garage or a garage/carport combination directly on the boundary (which, as mentioned above, runs slightly diagonally).

Now to my actual question – there is not yet a public traffic area in that location. The municipality has repeatedly canceled and postponed the construction of the street in the past due to lack of funds. If I get approval for my project and start construction now, but the street is eventually built there, what happens then? Does the “first come, first served” principle apply, or would I have to demolish the building or pay a fine?

Unfortunately, I could not find any information online about such a case. I would be very grateful for any experiences or advice. Many thanks in advance.

Best regards Robert

As a legal layperson, I see it this way: if your project is approved, you then benefit from legal protection—approved means approved. I can hardly imagine a demolition order, because then the city would have to compensate you—and if they don’t have the funds...

But as I said, this is just my “feeling”!