Hello,
I have a question regarding enclosures.
Our development plan states that enclosures are allowed and do not require a formal procedure in the following cases:
a) enclosures within the built-up area,
b) open enclosures without foundations and base plinths in rural areas, serving agricultural or forestry operations,
c) retaining walls up to 2 m (6 ft 7 in) in height.
So, if we are interested in a fence or wall exactly 2 m (6 ft 7 in) high, does that mean we need to go through a formal process, including a building permit and structural calculations? But at 199 cm (78 inches), would it be no problem?
Or do you think the authorities might overlook it at exactly 2 m (6 ft 7 in)? On one side, the property borders a municipal lot, which is basically a street, and on the other side, a neighbor’s property. Of course, we would try to avoid any conflicts with the neighbor and comply with the height limit.
From where is the height measured? From the top of the ground to the top edge of the wall or fence?
What are your experiences?
I have a question regarding enclosures.
Our development plan states that enclosures are allowed and do not require a formal procedure in the following cases:
a) enclosures within the built-up area,
b) open enclosures without foundations and base plinths in rural areas, serving agricultural or forestry operations,
c) retaining walls up to 2 m (6 ft 7 in) in height.
So, if we are interested in a fence or wall exactly 2 m (6 ft 7 in) high, does that mean we need to go through a formal process, including a building permit and structural calculations? But at 199 cm (78 inches), would it be no problem?
Or do you think the authorities might overlook it at exactly 2 m (6 ft 7 in)? On one side, the property borders a municipal lot, which is basically a street, and on the other side, a neighbor’s property. Of course, we would try to avoid any conflicts with the neighbor and comply with the height limit.
From where is the height measured? From the top of the ground to the top edge of the wall or fence?
What are your experiences?
Bieber0815 schrieb:
You are right, the state building code is decisive, here the Bavarian Building Code (BayBo), see Article 9 and Art. 63(6). Which version is that?
If the original poster has quoted everything regarding enclosures from the development plan and there are no other local building regulations (such as a design statute), the BayBo applies:
Art. 6 Setback Areas, Distances
...
(9)
Within the setback areas of a building as well as without independent setback areas, even if they are not built on the property boundary or attached to the building, the following are permitted
...
3. Retaining walls and solid enclosures in commercial and industrial zones, outside these zones with a height of up to 2 m (6.6 ft).
and
Art. 57 Building Projects Not Requiring Approval, Removal of Installations
...
7. the following walls and enclosures:
a) walls including retaining walls and enclosures, privacy fences, and terrace partition walls with a height of up to 2 m (6.6 ft), except in rural areas, ...
If you build the enclosure on your own, that is without the neighbor’s involvement—which is not recommended—you must build it entirely on your own property, are solely responsible for its construction and maintenance, and bear all the costs. The height is measured from the natural ground level of your property to the top edge of the wall/fence. Up to 2 m (6.6 ft) means including 2 m (6.6 ft). Since this is measured from the ground surface, there is a tolerance of about 5 cm (2 inches) (in a legal dispute, a court might apply a different tolerance).
RobsonMKK schrieb:
Fence height is regulated by the state building code and not by neighborhood law That depends on the federal state. In North Rhine-Westphalia (NRW), for example, both must be considered; in Bavaria, there is no neighborhood law.
tomtom79 schrieb:
So according to your statement, a wall can be 2 m (6.5 ft) high, but a fence not?
I'm sure somewhere it says that fences are treated the same as walls.No, I did not say that a wall is allowed to be a different height than a fence. I said that the provision in c) has nothing to do with case a).
These are completely different situations: a fence is usually treated like a wall, but not like a RETAINING wall—and only retaining walls are mentioned in c).
A RETAINING wall is not a boundary wall or the masonry base of a fence; rather, it supports a stepped slope to prevent sliding. If such terraces on slopes are not supposed to be built with steps higher than 2 m (6.5 ft), this has nothing to do with boundary fences (or boundary walls, or fences with masonry bases). That is why these are listed under different letters.
In this case, c) only limits retaining walls to a maximum height of 2 m (6.5 ft) (or they are not permitted without a building permit/planning permission above that height) and allows boundary fences (within residential areas) without a height restriction to be approved without further procedures.
Taking into account the specific nature of retaining walls (i.e., that they must be walls for technical reasons) does not imply any unequal treatment of boundary enclosures depending on their material.
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Bieber08158 Jun 2017 23:08Escroda schrieb:
Which version is that?Caught me, it was the first Google result, apparently the version from August 4, 1997, not the latest. Having links here would make things much easier...Escroda schrieb:
in Bavaria there is no neighbor lawAs far as I know, Bavaria has a law implementing the Civil Code, whose seventh section covers neighbor law.Similar topics