ᐅ Is it necessary to match the same ground level as the neighboring properties?
Created on: 7 Jul 2021 09:16
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FragenaskerF
Fragenasker7 Jul 2021 09:16Hello,
we have the following question (in Brandenburg) – see also the sketch in the attachment:
We own the middle plot B, marked in red. The plot was filled with soil so that the back side ends at the same height as the neighbor’s property. Therefore, there is only a very slight slope from front to back. Due to the length of the plot, the slope is not significant enough for rainwater to flow to the rear neighbor’s plot.
Our neighbor A to the left has already completed their landscaping. They leveled their plot horizontally at the same height as the street curb. Since all the plots at the back are lower, neighbor A’s plot is higher than their rear neighbor’s. Therefore, neighbor A installed edging stones to prevent rainwater from flowing directly onto the rear neighbor’s property.
Neighbor C on the right now also wants to start their landscaping, including raising the ground level. Basically, they planned to level their plot horizontally from the street curb to the back, just like plot A, and also install edging stones toward the rear neighbor due to the height difference. (Plots A and C are being done by the same landscaper.)
We now have the following two questions:
1) Are we (plot B) required in any way to level our plot horizontally to the street curb (like plot A), or do we have the freedom to keep our slight slope and ground height, meaning neighbors A and C would need to ensure their rainwater does not flow onto our plot (e.g., by using edging stones)?
2) According to building regulations, we are responsible for installing a fence between our plot B and plot C. Can we build the fence including the slope so that it is effectively parallel to our sloped ground, but due to the height difference, it stands at an angle/not parallel to neighbor C’s ground?
we have the following question (in Brandenburg) – see also the sketch in the attachment:
We own the middle plot B, marked in red. The plot was filled with soil so that the back side ends at the same height as the neighbor’s property. Therefore, there is only a very slight slope from front to back. Due to the length of the plot, the slope is not significant enough for rainwater to flow to the rear neighbor’s plot.
Our neighbor A to the left has already completed their landscaping. They leveled their plot horizontally at the same height as the street curb. Since all the plots at the back are lower, neighbor A’s plot is higher than their rear neighbor’s. Therefore, neighbor A installed edging stones to prevent rainwater from flowing directly onto the rear neighbor’s property.
Neighbor C on the right now also wants to start their landscaping, including raising the ground level. Basically, they planned to level their plot horizontally from the street curb to the back, just like plot A, and also install edging stones toward the rear neighbor due to the height difference. (Plots A and C are being done by the same landscaper.)
We now have the following two questions:
1) Are we (plot B) required in any way to level our plot horizontally to the street curb (like plot A), or do we have the freedom to keep our slight slope and ground height, meaning neighbors A and C would need to ensure their rainwater does not flow onto our plot (e.g., by using edging stones)?
2) According to building regulations, we are responsible for installing a fence between our plot B and plot C. Can we build the fence including the slope so that it is effectively parallel to our sloped ground, but due to the height difference, it stands at an angle/not parallel to neighbor C’s ground?
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Fragenasker7 Jul 2021 11:46Additional information for better understanding: the site plan with the elevation markings (57.xx and 58.xx meters (approx. 187.xx and 190.xx feet)) indicates the terrain heights according to the site plan. It can be seen that, according to the site plan, there is a slight slope from the street side towards the rear properties.
Fragenasker schrieb:
Are we (plot B) obligated to always align the land height level with the street curb? No.
Fragenasker schrieb:
Do we have the freedom to keep the plot with its natural slope and ground level? Yes.
Fragenasker schrieb:
So that neighbors A and C would be responsible for ensuring their rainwater does not flow onto our plot (e.g., by using curbs)? Yes.
Fragenasker schrieb:
according to building law <korinthenkack>Brandenburg Neighbor Law (BbgNRG) </korinthenkack>
Fragenasker schrieb:
Can we build the fence including the slope so that it effectively runs parallel within our sloped plot but, due to the height difference, stands angled/not parallel to plot C’s ground level? Yes.
All answers are subject to exceptional provisions in the development plan, design regulations, or other local ordinances.
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Fragenasker7 Jul 2021 15:37Thank you for the prompt response!
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Isokrates7 Jul 2021 17:03face26 schrieb:
Or does this only apply when changes are made? It generally only applies if the natural water drainage is altered.
This is usually regulated by the respective national water laws.
Accordingly, there is an obligation to prevent drainage onto a neighboring property only if the existing conditions (especially the topography) are changed.
In that case, the neighbor has a right to demand cessation under Section 1004 of the Building Code.
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