ᐅ Fence for New Construction (Bavaria), Neighbor Boundaries

Created on: 9 Feb 2022 05:00
M
mortmela
M
mortmela
9 Feb 2022 05:00
Hello,
We have just completed building a new house in a newly developed residential area. On both the left and right sides, our property borders neighboring lots. At the back, there is a nature conservation area.
We want to install a fence around our property as we have dogs, so it’s necessary. One neighbor already has their house built. When asked about a fence, they just said maybe in a few years. On the other side, the land is still vacant.
Now we plan to fence our entire property ourselves. I just have a few questions.
Am I allowed to place the fence directly on or along the property boundary? This applies to both neighboring properties and the rear side. Everything I have read so far doesn’t provide clear answers...
We live in Bavaria. Does anyone here have experience with the various regulations?
H
Hausbautraum20
9 Feb 2022 06:25
As I understand it, you need to place your fence just inside your property line. It will then be your fence.

If the neighbor agrees, it is also possible to place it directly on the boundary line. However, as a neighbor, I would find that difficult because I might have to share the costs, which I currently do not want to do.
vonBYnachSH9 Feb 2022 06:29
In Bavaria, there is no specific regulation (unless it is specified in the development plan). The only solution is to talk to the neighbors (which you have already done) and place the fence directly on the property boundary. They probably do not want to contribute to the costs and see no necessity for themselves. However, they must tolerate it, but you are responsible for the maintenance.
M
mortmela
9 Feb 2022 06:30
But isn't it the case that one side already belongs to me, and I am allowed to build up to the boundary there?
H
haydee
9 Feb 2022 06:50
I will quote:

In principle, no property owner is obliged to allow the installation of a fence on the boundary line that partially encroaches on their property (however, a duty to tolerate this may arise from public law regulations, see p. 9). Therefore, it is always advisable to discuss the construction of a fence with your neighbor and also clarify the issue of costs.

The rest can be found in the booklet
Rund um die Gartengrenze by the Bavarian Ministry of Justice
vonBYnachSH9 Feb 2022 07:35
haydee schrieb:

I’ll quote:

In principle, no landowner is obliged to allow the installation of a fence on the property boundary, meaning partially using their land (however, an obligation to tolerate this may arise from public law regulations, see p. 9). Therefore, it is always advisable to discuss the erection of a fence with your neighbor and also agree on the cost-sharing.

The rest can be found in the brochure
“Around the Garden Boundary” by the Bavarian Ministry of Justice

However, the neighbor must "accept" it, meaning you are allowed to build the fence directly on the boundary, but you are responsible for it yourself (same source further below).