ᐅ Distance from neighboring property / height?? What is allowed? Confused

Created on: 28 Apr 2020 21:31
R
Raspudin
R
Raspudin
28 Apr 2020 21:31
Hello, I’m new here and have no experience in construction. After a long time of consideration, I have now decided to build. After visiting the plot of land, a question came up that I hope you can help me with. The development plan specifies an average wall height of 6.5 m (21 feet) and 5.5 m (18 feet) and states that the setback distances according to the BayBo regulations must be observed. Please see the attachment.

However, the neighboring property is developed with a city villa that is at least 8 m (26 feet) tall and located 3 m (10 feet) from the property boundary.

Are there any special regulations for this? Can anyone provide information regarding the permissibility, or should I consider buying a different plot? I definitely want to avoid any problems after purchase related to this.

Thanks in advance for your help.

Baurechtliches Dokument: Abschnitt 4.3 Gebäude und 4.4 Garagen und Nebengebäude
S
saralina87
28 Apr 2020 21:43
In Bavaria, the setback distance must generally be at least as many meters as the height of the house, with the gable wall counting only one third of its height (as long as the roof pitch is under 70 degrees) — with a minimum of 3m (10 feet). This rule is somewhat counterproductive for increasing density, but that is another topic. It is expected to change over the course of this year.

There is also an existing regulation that allows the height on two sides of the house, which are no longer than 16m (52 feet), to be halved.

So, if the city villa is 8m (26 feet) tall, it probably either applies the 16m (52 feet) rule or a building encumbrance has been registered on the neighboring property. Alternatively, it might actually be 4m (13 feet) away from the boundary line, as it is easy to misjudge such distances with large structures.
R
Raspudin
28 Apr 2020 22:02
Thank you for your response.
No, it is 3m (10 feet). I checked online on the Bayernatlas and obtained a survey of our plot where you can see the 3m (10 feet) distance from the neighbor.
According to the building authority, there is no registered encumbrance either.
But even with this 16m (52.5 feet) rule, the distance cannot be 3m (10 feet), right? The neighboring house has a length of 11m (36 feet) and is connected by a 4m (13 feet) entrance area to a 6.5m (21.3 feet) garage, all built with masonry. That would be more than 16m (52.5 feet) in total, wouldn’t it, or does only continuous masonry of the same height count?

Kartenausschnitt einer Karte: roter Messkreis, Messlinie und Maßangabe 21.50 m über Parzellen und Gebäuden.


Luftbild eines Wohngebiets mit Häusern, Gärten und einer Straße rechts.
S
saralina87
28 Apr 2020 22:16
Phew, don’t hold me to this, but I would say a garage probably doesn’t count as part of that. In theory, it could even be built directly on the property line.
Apart from that:
The house is 8m (26 feet) tall --> 16m (52 feet) rule applies, so a 3m (10 feet) setback is fine.
The entrance vestibule is probably not 8m (26 feet) high, right? Let’s assume it’s 3m (10 feet) tall --> it doesn’t need the 16m (52 feet) rule because it already fits anyway.
R
Raspudin
28 Apr 2020 22:25
So theoretically, I could also build a full two-story house with a hipped roof under this 16m rule? Or would I get into trouble with the other neighbor if I put such a large block in the sun?
S
saralina87
28 Apr 2020 22:29
There can be no issues regarding sunlight. You just need to be careful because the 16m (52.5 feet) privilege applies only to two sides of the house.