Hello everyone,
We have encountered a problem that is causing us some concern. Since 2013, we have lived in a semi-detached house built by a well-known developer in North Rhine-Westphalia. On our property, right next to the house wall, there is a 9m (30 ft) garage. In front of this garage, there is an approximately 5-6m (16-20 ft) long area providing access to both the house entrance and the garage (a driveway belonging to our property). Our driveway borders a municipal property at its front end. Next to our driveway, the former developer still owns a small plot of land, and adjacent to that is a neighboring property on which a multi-family building with a garden area has been constructed. When we leave the house, we currently face the garden of that multi-family building and the small vacant plot of land.
Now, the former developer has contacted us to ask if we would be interested in renting a garage he plans to build on that small vacant plot. This garage is causing us concern.
First, it probably won’t look very attractive to have a garage there – we would open the door and face a wall bordering our driveway. What worries us much more are the actual consequences for us. The garage would run along the entire length of our driveway and its rear right corner would touch the front left corner of our existing garage. Our driveway would become a "hidden area," which would naturally be very attractive to burglars. They could only be observed if someone walks into the driveway or leaves the house.
Our question is: Does the developer need a building permit / planning permission for this garage? Is there anything we can do to prevent it? Are there minimum distances that must be maintained? Or are there any other reasons that could obstruct the construction of this garage?
If you need more detailed information, please let me know. I hope I have explained everything clearly and look forward to any helpful feedback!
Thanks in advance!
Best regards
We have encountered a problem that is causing us some concern. Since 2013, we have lived in a semi-detached house built by a well-known developer in North Rhine-Westphalia. On our property, right next to the house wall, there is a 9m (30 ft) garage. In front of this garage, there is an approximately 5-6m (16-20 ft) long area providing access to both the house entrance and the garage (a driveway belonging to our property). Our driveway borders a municipal property at its front end. Next to our driveway, the former developer still owns a small plot of land, and adjacent to that is a neighboring property on which a multi-family building with a garden area has been constructed. When we leave the house, we currently face the garden of that multi-family building and the small vacant plot of land.
Now, the former developer has contacted us to ask if we would be interested in renting a garage he plans to build on that small vacant plot. This garage is causing us concern.
First, it probably won’t look very attractive to have a garage there – we would open the door and face a wall bordering our driveway. What worries us much more are the actual consequences for us. The garage would run along the entire length of our driveway and its rear right corner would touch the front left corner of our existing garage. Our driveway would become a "hidden area," which would naturally be very attractive to burglars. They could only be observed if someone walks into the driveway or leaves the house.
Our question is: Does the developer need a building permit / planning permission for this garage? Is there anything we can do to prevent it? Are there minimum distances that must be maintained? Or are there any other reasons that could obstruct the construction of this garage?
If you need more detailed information, please let me know. I hope I have explained everything clearly and look forward to any helpful feedback!
Thanks in advance!
Best regards
tomtom79 schrieb:
Is it allowed to build a garage that, according to the sketch, covers more than 70% of the small plot area? The local zoning plan might provide clarification.
Ena1609 schrieb:
Or are there any reasons that could prevent the construction of this garage? One last possibility came to mind that you might be able to use. I don’t know the history or the current ownership of the parcels, but you could potentially argue a violation of the obligation to exercise consideration (§15 of the Land Use Ordinance), since according to your description, the developer could have easily built the garage directly aligned with yours on the same line.
However, enforcing this legally could be difficult because the developer does not need a building permit/planning permission, and you would have to initiate a civil lawsuit. Perhaps a personal conversation with an authorized official, appealing to their sense of reason with this argument, might help.
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