ᐅ Impact of Outbuildings on Boundary Construction

Created on: 11 Sep 2023 17:59
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Franzbrot
We visited the building authority today to present our plans and get a rough estimate of whether what we have planned would be possible.

The woman from the building authority said that the shed built by our neighbors on the property boundary (about 10 meters (33 feet) long) means that we have to keep a distance of 6 meters (20 feet) instead of 3 meters (10 feet). However, she will review this again.

To be honest, we are a bit shocked and also puzzled—especially because of the very narrow width of the plot itself, only 13.90 meters (46 feet)—that neither of the two architects we have worked with so far mentioned this.

Does anyone have experience with a similar situation? We were actually told that the setback distance does not affect us when it comes to these auxiliary buildings.

With a building area only 4.90 meters (16 feet) wide, construction is almost out of the question.

Building location: Schleswig-Holstein near the border to Hamburg.
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ypg
12 Sep 2023 20:21
11ant schrieb:

I stand by my advice to escalate the question at that point to a specialist.

Me too!!!

I just quickly read through the 2021 thread. Is it still the case that you want to build a two-family house together with your mother?
Then I assume you plan to extend the residential building at the back, attaching it to the shed?
Do you still have the architect? Has he provided you with the documents for the building permit / planning permission?
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hanghaus2023
12 Sep 2023 20:26
I would also like to measure it myself. Unfortunately, there is no plan available here.
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ypg
12 Sep 2023 20:47
hanghaus2023 schrieb:

I would have liked to measure it myself as well. Unfortunately, there is no plan available here.

https://www.hausbau-forum.de/threads/grenzbebauung-anbauverpflichtung.41484/page-3#post-533957
This thread was indirectly linked by 11ant.
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hanghaus2023
13 Sep 2023 15:00
Thank you @ypg

Now a question for the OP: Please show us what you submitted to the building authority (building permit / planning permission).
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sascha-t4-le
14 Sep 2023 11:19
In case not everyone is confused by now...
The 5m (16 feet) distance requirement comes from fire safety regulations. If you go below this distance, a fire wall must be constructed (without openings, etc.). If this applies, then the neighbor does not have a fire wall, and this condition should be registered as a burden on your property title.
Franzbrot22 Sep 2023 18:08
sascha-t4-le schrieb:

If not everyone is confused by now...
The 5 m (16 ft) distance comes from fire protection regulations. If you go below that, a fire wall must be built (without openings, etc.). If that applies, then the neighbor does not have a fire wall, and this circumstance should be recorded as a restriction on your property deed.


No restriction is recorded on the property deed.

The building authority now wants to check whether the neighbor is using the building approved as a stable as living space. If they are, we have to maintain a 5 m (16 ft) distance without windows on that side. Otherwise, it must be 6 m (20 ft) if there are 5 windows.
The building authority also wants to check if our building is too large. The fact that other neighbors have built as large or larger in recent months is dismissed with, "Yes, maybe that wasn’t approved either."
Well... if others can build as they please without permits, maybe it’s better if we build without one, too.