ᐅ Higher Privacy Barrier Behind a Code-Compliant Fence?

Created on: 6 Jan 2018 11:02
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Igoraks
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Igoraks
6 Jan 2018 11:02
Hello dear community,

this is my first post in this forum, and I look forward to your feedback!

My partner and I have found a plot of land in Baden-Württemberg that we would like to buy. It is a corner lot of about 770 sqm (8,293 sq ft). There is no sidewalk around the plot.

We have the following concerns: According to the development plan, the enclosure bordering the streets may only be 0.80 m (2.6 ft) high. This is not sufficient as privacy screening. The plot is located in such a way that our garden would lie exactly between the two intersecting streets, so a privacy screen is desired.

Our question is whether we can set up the legally compliant 0.80 m (2.6 ft) high enclosure around the property and plant a hedge behind it at a certain distance (for example, 1.5 m (5 ft)) that would function as a privacy screen (e.g., about 1.70 m (5.6 ft) high).

Would this be legally allowed, or would the hedge then be considered part of the enclosure and therefore be too high?

If it is allowed: Where can I find information on how high the hedge may be and at what distance from the enclosure it must or may be planted?

Since we have not bought the plot yet, this is an important factor for us, as everything else fits well—the good location, wonderful view, and quiet neighborhood.

I look forward to your feedback.

Good luck
Igoraks
Mycraft6 Jan 2018 11:42
Hmm, tall hedges are an open invitation for professional burglars as well as opportunistic thieves. I would think carefully about it, unless the property is located in an area with an extremely low burglary rate.

Otherwise, just apply for a permit / planning permission for the higher fencing.
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Alex85
6 Jan 2018 11:49
Just plant the hedge along the property line. It will probably grow higher than 0.8 m (2.5 ft), and if anyone complains, you can still take action afterward.

We had the same line of thought about placing the boundary fence according to the zoning plan and then putting something taller behind it, since that would no longer be considered a boundary fence. The planners (architect vs. surveyor) had different opinions on this. However, they agreed that as long as the required setback is maintained—usually 3 m (10 ft)—you can put up whatever you want there, as long as no building permit / planning permission is needed.

By the way, privacy screening is not achieved only with a tall hedge, wall, or fence. A landscaper knows plenty of ways to create privacy without having to hide behind a 20-30 m (65-100 ft) wall.
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Igoraks
6 Jan 2018 11:55
Mycraft schrieb:
Hmm, tall hedges are a welcome invitation for professional burglars as well as opportunistic thieves. I would think it over three times, unless the property is in an area with an extremely low burglary rate.

Otherwise, just apply for a permit for the higher enclosure.

@Mycraft,

thank you for your reply.

I can’t say much about the burglary rate since I’m not familiar with those figures. The low fence at the corner also makes sense, in my opinion.

@Alex85

I had that thought too. But if a car accident happens at the fork, the injured party could point out the fence is too high, and in the worst case, I would have trouble. Cutting back the hedge afterward would then be the least of my problems.

From what I understand from your text, I could place a hedge 3 meters (10 feet) away from the boundary that is, for example, 1.80 meters (6 feet) tall—meaning no permit required—and would have both a compliant enclosure at the property line and enough privacy screening.

Did I understand that correctly?

Thank you and best regards,
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Nordlys
6 Jan 2018 11:56
I suspect there is, unfortunately, a real reason for the 0.8-meter (2.6 feet) height limit here. Road traffic. Otherwise, it would not be possible to see if someone is coming from the right. You say these are intersecting streets. So, I guess simply letting plants grow taller than that will not be tolerated here. Karsten
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Alex85
6 Jan 2018 11:57
True, I hadn’t considered the corner situation. That’s definitely a challenge.

After 3m (10 feet), according to the assessment (but be careful, the rules are in the state building code—the “L” stands for “Landes,” which means state; I am in NRW, you’re in BW), it shouldn’t be a problem anymore.

Is there much traffic there at all, so that “observation” needs to be a concern?
By the way, only adults worry about that issue; playing children on the lawn don’t really care who’s watching.
Wrapping a seating area a bit to make it less visible shouldn’t be a problem.