ᐅ Elevation differences between the property and neighboring land

Hello everyone,

after searching the web and not finding any answers, I’m trying here in the forum.

We have built in a new housing development. Now, everyone around us is starting to level or raise their gardens.

We are at -12 cm (about -5 inches) below the finished road level and want to add roughly 20 cm (8 inches) of soil to get slightly above the road level. Our neighbor behind us has their lawn at the same level as us. The catch is that our neighbor to the right is 40 cm (16 inches) above our level.

Now there is a slope leading to their property, and the rainwater runs toward us and others’ properties.

Is this allowed/legal (Lower Saxony)?

Thank you very much.

Probably not. In development plans, there is usually a clause stating that the original terrain must not be altered, except for the foundation and terrace. Only if this is illegal will there be a fine, but you will still have the water problem—you can only dig a trench. This constant filling up really annoys me. We are also building on a slope, and when I see what some people are doing there, I am just frustrated. Just because they are not my immediate neighbors doesn’t mean I’m not affected. My two neighbors and I handled it very smoothly. Nobody caused problems for anyone else.

Basically, you are not allowed to alter or reinforce the natural path that stormwater takes due to changes in the terrain if this results in more water flowing onto a neighbor’s property. However, I just noticed that this clause was removed from the Lower Saxony Building Code.... That makes it too complicated for me.

Have you talked to the neighbor about it? I have a similar issue, but it is covered under the Hesse State Building Code. That clause still applies there.

Our development plan is by far one of the worst I have ever seen. Everything is regulated here. Even the authorities say that it is very strict. But the clause "...not to alter the original terrain shape..." cannot be found anywhere. The only one is "...land areas must be established as vegetative areas...".

Domski schrieb:
Basically, you are not allowed to change or reinforce the path that "wild water" takes due to alterations in the terrain if this results in more water flowing onto a neighbor’s property. However, I just noticed that this clause has been removed from the Lower Saxony Building Regulations… which makes it too complicated for me.

Have you talked to your neighbor about it? I have a similar issue under the Hessian Building Code, where this clause still exists.

Yes... He doesn’t care.

In addition to the state building regulations, there is, of course, neighbor law that can be enforced under private law. See §26 of the Lower Saxony Neighbor Law

Ground Elevations

§ 26
Anyone who raises the ground level of their property above the surface of the neighboring property must maintain such a setback distance or take and maintain measures to ensure that damage to the neighboring property caused by soil movement is excluded. This obligation passes on to successors in title.

I’m not a lawyer, but to me this means: The person who fills in or raises the ground must avoid all disadvantages to others, and this must be ensured permanently.