ᐅ Fence height adjacent to the neighbor and windows in the boundary wall
Created on: 28 Nov 2019 09:58
C
Climbee
Our dear neighbors… I’ve mentioned this a few times before.
But anyway: both of us (including the neighbors) want a privacy fence between our properties. So far, we had planned to have a landscape gardener propose a garden design, including this privacy fence, and then coordinate it with the neighbors.
A lot has changed since then, and we no longer plan to coordinate; we want to install the tallest possible fence.
As far as I know, I can put up a fence up to 1.80 meters (5 feet 11 inches) high without additional permission.
My question is: from which ground level is this measured? We have a slightly sloped plot, and on the side where the privacy fence is planned, we will not raise the terrain but will extend the terrace into a balcony. So, there will be no retaining wall underneath, just support columns on which this “quasi” balcony will rest.
The height difference to the neighbor’s property should be about 100–110 centimeters (39–43 inches) at the highest point.
Am I allowed to measure the 1.80 meters (5 feet 11 inches) from my (higher) level, or is the natural ground level decisive?
The building permit originally included a retaining wall at this spot, which, as mentioned above, has now been replaced by support columns (this is the current planning stage; if we need a wall to reach the 1.80-meter (5 feet 11 inches) privacy height, we will build one).
Second pain point:
The neighbor’s garage is built on our boundary line, and in the boundary wall there is a window facing our property, which was neither approved nor registered in the land register. This is a standard wooden window that opens. At one time, there were shutters installed that extended onto our property, but now only the brackets remain, which still protrude about 15 centimeters (6 inches) onto our land.
As far as I know, this kind of window should generally meet fire resistance class F90—but I don’t really care; that’s for their fire insurance to sort out.
The protruding shutter brackets bother us because you can catch on them—they’re simply in the way. Also, after a few incidents, we would prefer that this window cannot be opened and that the neighbors can’t look into our yard there (we actually want to create our main terrace in that area).
If the neighborhood were friendly, I wouldn’t mind at all, but here…
In Bavaria, there is a so-called window protection law (Art. 43–45 AGBGB):
Windows and any kind of light openings that are less than 60 centimeters (24 inches) from the property boundary must, at the neighbor’s request, be designed so that up to a height of 1.80 meters (5 feet 11 inches) above the floor level of the lit room (approximately eye level) neither opening nor looking through is possible. When using opaque glass blocks, no impairment to the neighboring property is expected; therefore, exterior walls with such light openings are permitted within the 60-centimeter (24-inch) protection zone.
I also found this:
A peculiarity of the Bavarian regulation is that it depends on the use of the neighboring property. For the owner to invoke the window protection law, their property must be either developed or used as a courtyard or garden. If a previously undeveloped property is later built on, from that point onward the window protection law can be enforced, meaning windows that are located within the boundary distance in exterior walls on the adjacent property must be modified as required by Art. 43 AGBGB at the neighbor’s request.
Does this mean I can demand that the window be modified accordingly?
Can I also plan something in front of the window? The wall looks awful, and as part of the garden design, we will definitely do something there. It won’t come down to me repainting the neighbor’s wall every two years (he unfortunately installed bargeboards on the boundary side with no gutter, so water drips onto the wall causing stains—no matter if we paint it, it will look bad again after two years). To what extent do I have to consider the window? Or could I just put up a wooden fence in front of it?
What can be done about the really obstructive brackets? Are we allowed to simply remove them, or do I have to request the neighbor to do so?
Here is a picture (from long ago – instead of the little trees, our garden furniture is now there *g*), so you can get an idea:
If you look closely, you can see the brackets (we will just leave the fact that the windowsill also protrudes onto our property as it is).
We’re currently planning the garden, so these questions are very urgent right now.
But anyway: both of us (including the neighbors) want a privacy fence between our properties. So far, we had planned to have a landscape gardener propose a garden design, including this privacy fence, and then coordinate it with the neighbors.
A lot has changed since then, and we no longer plan to coordinate; we want to install the tallest possible fence.
As far as I know, I can put up a fence up to 1.80 meters (5 feet 11 inches) high without additional permission.
My question is: from which ground level is this measured? We have a slightly sloped plot, and on the side where the privacy fence is planned, we will not raise the terrain but will extend the terrace into a balcony. So, there will be no retaining wall underneath, just support columns on which this “quasi” balcony will rest.
The height difference to the neighbor’s property should be about 100–110 centimeters (39–43 inches) at the highest point.
Am I allowed to measure the 1.80 meters (5 feet 11 inches) from my (higher) level, or is the natural ground level decisive?
The building permit originally included a retaining wall at this spot, which, as mentioned above, has now been replaced by support columns (this is the current planning stage; if we need a wall to reach the 1.80-meter (5 feet 11 inches) privacy height, we will build one).
Second pain point:
The neighbor’s garage is built on our boundary line, and in the boundary wall there is a window facing our property, which was neither approved nor registered in the land register. This is a standard wooden window that opens. At one time, there were shutters installed that extended onto our property, but now only the brackets remain, which still protrude about 15 centimeters (6 inches) onto our land.
As far as I know, this kind of window should generally meet fire resistance class F90—but I don’t really care; that’s for their fire insurance to sort out.
The protruding shutter brackets bother us because you can catch on them—they’re simply in the way. Also, after a few incidents, we would prefer that this window cannot be opened and that the neighbors can’t look into our yard there (we actually want to create our main terrace in that area).
If the neighborhood were friendly, I wouldn’t mind at all, but here…
In Bavaria, there is a so-called window protection law (Art. 43–45 AGBGB):
Windows and any kind of light openings that are less than 60 centimeters (24 inches) from the property boundary must, at the neighbor’s request, be designed so that up to a height of 1.80 meters (5 feet 11 inches) above the floor level of the lit room (approximately eye level) neither opening nor looking through is possible. When using opaque glass blocks, no impairment to the neighboring property is expected; therefore, exterior walls with such light openings are permitted within the 60-centimeter (24-inch) protection zone.
I also found this:
A peculiarity of the Bavarian regulation is that it depends on the use of the neighboring property. For the owner to invoke the window protection law, their property must be either developed or used as a courtyard or garden. If a previously undeveloped property is later built on, from that point onward the window protection law can be enforced, meaning windows that are located within the boundary distance in exterior walls on the adjacent property must be modified as required by Art. 43 AGBGB at the neighbor’s request.
Does this mean I can demand that the window be modified accordingly?
Can I also plan something in front of the window? The wall looks awful, and as part of the garden design, we will definitely do something there. It won’t come down to me repainting the neighbor’s wall every two years (he unfortunately installed bargeboards on the boundary side with no gutter, so water drips onto the wall causing stains—no matter if we paint it, it will look bad again after two years). To what extent do I have to consider the window? Or could I just put up a wooden fence in front of it?
What can be done about the really obstructive brackets? Are we allowed to simply remove them, or do I have to request the neighbor to do so?
Here is a picture (from long ago – instead of the little trees, our garden furniture is now there *g*), so you can get an idea:
If you look closely, you can see the brackets (we will just leave the fact that the windowsill also protrudes onto our property as it is).
We’re currently planning the garden, so these questions are very urgent right now.
H
hampshire28 Nov 2019 21:34This is an unfortunate situation.
I can imagine building a career as someone who “hears every word.” All you need is a recording device from time to time, and the material is dictated to you for free. Add a little embellishment, and you have a book, audiobook, and stage show ready. Perhaps some comedians have actually started that way.
Do you otherwise have a good neighborhood? Do you ever get together for any happy occasions? A “hears every word” performance could certainly cause some lively excitement.
Afterwards, things either quiet down or new material emerges. That then gets worked into “It rings at 11:30.”
It may not make up for the annoying situation—but seeing the other person as a comedian is a way to better endure unpleasant people. That’s how I handle irritating business partners and sometimes have to sneak away laughing after meetings with such people.
Give this kind of reframing a try.
I can imagine building a career as someone who “hears every word.” All you need is a recording device from time to time, and the material is dictated to you for free. Add a little embellishment, and you have a book, audiobook, and stage show ready. Perhaps some comedians have actually started that way.
Do you otherwise have a good neighborhood? Do you ever get together for any happy occasions? A “hears every word” performance could certainly cause some lively excitement.
Afterwards, things either quiet down or new material emerges. That then gets worked into “It rings at 11:30.”
It may not make up for the annoying situation—but seeing the other person as a comedian is a way to better endure unpleasant people. That’s how I handle irritating business partners and sometimes have to sneak away laughing after meetings with such people.
Give this kind of reframing a try.
G
Gartenfreund29 Nov 2019 06:33I can't say how it is for you, but here a privacy fence is automatically approved by the authorities, yet the affected neighbor must agree to it.
If it's the same where you are, then the fence probably won’t be possible.
Maybe a hedge would work if you plant it far enough away from the boundary and let it grow more than 2 meters (6.5 feet) high. Then you could use a regular chain-link fence as the enclosure.
If it's the same where you are, then the fence probably won’t be possible.
Maybe a hedge would work if you plant it far enough away from the boundary and let it grow more than 2 meters (6.5 feet) high. Then you could use a regular chain-link fence as the enclosure.
H
HilfeHilfe29 Nov 2019 06:37I would call the police if she loses it again. PERIOD
Yes, why? Because she’s yelling?
I would have already banned her from the house. Then it would involve the police.
And hey, I would enjoy time with her. I’d sit on the terrace in the summer with music at a reasonable volume until 10 p.m., just as an example.
Let her scream until she faints.
I would have already banned her from the house. Then it would involve the police.
And hey, I would enjoy time with her. I’d sit on the terrace in the summer with music at a reasonable volume until 10 p.m., just as an example.
Let her scream until she faints.
S
sichtbeton8229 Nov 2019 07:37What a pity! Simply unfortunate! You have built such a beautiful house and now have such an issue with your neighbor. In general, it is difficult to give advice on the overall relationship from a distance, but regarding the privacy screen, my recommendation is:
a) build only exactly what is permitted
b) if it violates the usual regulations but is done in coordination with the neighbor, proceed only after obtaining their written confirmation.
a) build only exactly what is permitted
b) if it violates the usual regulations but is done in coordination with the neighbor, proceed only after obtaining their written confirmation.