ᐅ House Construction – We Must Respect Boundaries, But Our Neighbor Does Not
Created on: 26 Mar 2016 03:17
T
titozHello everyone,
We are planning a new construction after demolishing the current house in Rhineland-Palatinate.
The old house is located on the northern boundary line.
In theory, we are allowed to build right on the boundary again, but since we plan the driveway on that side, we must keep a 3m (10 feet) distance from the boundary. Unfortunately, due to an error by the draftsman, the building authority approved only a 2.8m (9 feet) distance, so we will likely need to revise the plans.
Now I've noticed that the neighbor to the north built closer to the boundary than shown on the site plan. He extended an old long, narrow building with a much wider upper floor, so I estimate the boundary distance is sometimes less than 2.0m (6.5 feet).
What would you recommend?
Do I have to accept the neighbor’s smaller distance to the boundary?
Of course, I don’t want to cause him to have to modify his building, but could we simply agree that we are also allowed to build closer to the boundary if he already is? Or does this have to be handled formally through the building authority, including rights of way or easements?
On the south side, we were denied permission for a terrace because, due to the slope of the land, it is classified as a balcony rather than a terrace. Here, a 3m (10 feet) distance from the southern boundary is also required.
I could accept that, but the neighbor to the north also has a roof terrace on the boundary-adjacent area.
Why is he allowed to have that, but we are not?!
By the way: what would be the best way to graphically illustrate such spatial situations? Is there a simple tool for this?
Best regards
titoz
We are planning a new construction after demolishing the current house in Rhineland-Palatinate.
The old house is located on the northern boundary line.
In theory, we are allowed to build right on the boundary again, but since we plan the driveway on that side, we must keep a 3m (10 feet) distance from the boundary. Unfortunately, due to an error by the draftsman, the building authority approved only a 2.8m (9 feet) distance, so we will likely need to revise the plans.
Now I've noticed that the neighbor to the north built closer to the boundary than shown on the site plan. He extended an old long, narrow building with a much wider upper floor, so I estimate the boundary distance is sometimes less than 2.0m (6.5 feet).
What would you recommend?
Do I have to accept the neighbor’s smaller distance to the boundary?
Of course, I don’t want to cause him to have to modify his building, but could we simply agree that we are also allowed to build closer to the boundary if he already is? Or does this have to be handled formally through the building authority, including rights of way or easements?
On the south side, we were denied permission for a terrace because, due to the slope of the land, it is classified as a balcony rather than a terrace. Here, a 3m (10 feet) distance from the southern boundary is also required.
I could accept that, but the neighbor to the north also has a roof terrace on the boundary-adjacent area.
Why is he allowed to have that, but we are not?!
By the way: what would be the best way to graphically illustrate such spatial situations? Is there a simple tool for this?
Best regards
titoz
H
HilfeHilfe26 Mar 2016 07:29A promising start Reminds me of my children
Hello Patrick,
I thought you could agree with the neighbor, saying something like, "Hey, I see you built too close to the boundary... so you wouldn’t mind if I also build 20cm (8 inches) too close."
It was a bit strange that during the very first viewing appointment, the neighbor said without being asked, "Everything is approved."
I’ve already met the neighbors. They are quite nice, and I don’t want to cause any trouble.
On one hand, I would like to be 100% sure that the neighbor built correctly and that everything was approved, but on the other hand, I don’t want to jeopardize the neighborhood relationship for the next 30 years.
How should I proceed?
Thank you very much for your help.
Regards
Tito
I thought you could agree with the neighbor, saying something like, "Hey, I see you built too close to the boundary... so you wouldn’t mind if I also build 20cm (8 inches) too close."
It was a bit strange that during the very first viewing appointment, the neighbor said without being asked, "Everything is approved."
I’ve already met the neighbors. They are quite nice, and I don’t want to cause any trouble.
On one hand, I would like to be 100% sure that the neighbor built correctly and that everything was approved, but on the other hand, I don’t want to jeopardize the neighborhood relationship for the next 30 years.
How should I proceed?
Thank you very much for your help.
Regards
Tito
titoz schrieb:
I thought you could agree with the neighbor: "Hey, I see you built too close to the boundary... so you don’t mind if I also build 20 cm (8 inches) too close..."No, unfortunately that’s not possible; everything has to be properly regulated. An easement on the neighbor’s property would, of course, reduce the buildable area of their lot. For example, if you move 1 meter (3 feet) closer to the boundary, they would have to keep 1 meter (3 feet) more distance when building a new structure. Usually, no one agrees to that.
If your new neighbor is friendly, I would simply try to talk to them. Has the neighbor also recently built? I’m assuming this is an older existing property. I would just tell them that you’re currently preparing your building permit / planning permission application and wanted to know how they managed to build so close to the boundary. The building authority has informed you of greater boundary setbacks. Then you could ask if they actually had a permit for all of that or if they stretched the rules. You’ve heard that when applying for your permit, the neighboring lots’ boundary distances are also reviewed, and of course, you want to avoid uncovering anything concerning the neighbor. Because if they didn’t fully comply with the setback requirements, it would be good for you to know so you can work together beforehand on how to prevent their unauthorized construction from being discovered.
Something like that is how you could approach the topic discreetly and you’ll probably get an honest answer, as they will see you as an ally rather than an opponent.
Hello titoz,
Without plans, this is, as usual in such cases, difficult to answer—just to clarify upfront.
The key point for me is the description that the neighbor has added an extension to an existing property, meaning the old walls and boundary setbacks were maintained:
If he is building on the existing walls, different setback rules may apply—I assume this is acceptable, but it cannot be verified without plans. However, yes—there are also builders/owners who build first and ask later.
Regarding the boundary setback: what do you mean when you say you “assume” the setback is only 2.0m (6.6 feet) or less? Are the boundary markers in place and have they been checked? Have you measured the boundary setback yourself—even to the nearest decimeter—or is this just an estimate?
In short: your architect/surveyor should obtain the neighbor’s building file/permit and review it regarding the points you mentioned. If there is a significant deviation from the building permit, it will become clear quickly.
If so, you won’t gain favor with the building authority for your own build, but you can claim that your property is affected by the neighbor’s construction. There are several scenarios for this. It is either a planning error because someone overlooked something in the planning/permit process, or it was intentional on the part of the builder. In both cases, sympathy should be limited: planners carry insurance against such issues, and builders who deliberately do this are gamblers who should be aware of the risks.
(Pragmatic) solutions in cooperation with the building authority are still possible even in this situation.
If the neighbor’s application and execution are correct (which can also be possible with a widened extension), the rest of the discussion becomes unnecessary, and you can focus on planning your own property.
Best regards
Dirk Grafe
Without plans, this is, as usual in such cases, difficult to answer—just to clarify upfront.
The key point for me is the description that the neighbor has added an extension to an existing property, meaning the old walls and boundary setbacks were maintained:
He built much wider on top of a long, narrow old building, so I assume the boundary setback is sometimes less than 2.00m (6.6 feet).
If he is building on the existing walls, different setback rules may apply—I assume this is acceptable, but it cannot be verified without plans. However, yes—there are also builders/owners who build first and ask later.
Regarding the boundary setback: what do you mean when you say you “assume” the setback is only 2.0m (6.6 feet) or less? Are the boundary markers in place and have they been checked? Have you measured the boundary setback yourself—even to the nearest decimeter—or is this just an estimate?
In short: your architect/surveyor should obtain the neighbor’s building file/permit and review it regarding the points you mentioned. If there is a significant deviation from the building permit, it will become clear quickly.
If so, you won’t gain favor with the building authority for your own build, but you can claim that your property is affected by the neighbor’s construction. There are several scenarios for this. It is either a planning error because someone overlooked something in the planning/permit process, or it was intentional on the part of the builder. In both cases, sympathy should be limited: planners carry insurance against such issues, and builders who deliberately do this are gamblers who should be aware of the risks.
(Pragmatic) solutions in cooperation with the building authority are still possible even in this situation.
If the neighbor’s application and execution are correct (which can also be possible with a widened extension), the rest of the discussion becomes unnecessary, and you can focus on planning your own property.
Best regards
Dirk Grafe
Dirk Grafe schrieb:
In short: Your architect/surveyor should obtain the neighbor’s building file/permit and check it against the points you mentioned. If there is indeed a significant deviation from the building permit, it will be detected quickly.Thank you for the detailed response.
I plan to look into this more thoroughly in the next few days... but I have a quick question first:
1. How does a surveyor obtain the file? Do they just knock on the door and say, "Hello, I would like to see your file"?
2. Do you know of any software that allows you to quickly draw plans that are reasonably clear and informative?
Best regards,
Tito
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