ᐅ Existing structure is located on the property boundary. What are the implications?
Created on: 27 Jan 2018 07:27
S
SpeckiHello everyone,
because of another thread, I just thought I would ask here as well.
About 2.5 years ago, I bought a plot of land with a house and a double garage (see attachment, the plot marked in red).
As you can see here, our garage is built directly on the boundary line with the neighbor. But his barn is also right on our boundary.
I believe my house is less than 3 meters (10 feet) away from the boundary at the front. The neighbor’s house on the other side is also probably closer than 3 meters (10 feet) to my property.
My house was built in 1964. I think the garage is even older.
When I bought the property, I was not yet aware of the three-meter rule. Nothing about it came up in the land register or during the purchase process.
Does this fall under existing use rights? Or could the neighbor demand that I tear down my garage? The plot to the left of mine will be sold in the next few months and will get a new owner. Could this cause problems?
Maybe someone knows how this situation stands legally.
Thank you.
Regards,
Specki
because of another thread, I just thought I would ask here as well.
About 2.5 years ago, I bought a plot of land with a house and a double garage (see attachment, the plot marked in red).
As you can see here, our garage is built directly on the boundary line with the neighbor. But his barn is also right on our boundary.
I believe my house is less than 3 meters (10 feet) away from the boundary at the front. The neighbor’s house on the other side is also probably closer than 3 meters (10 feet) to my property.
My house was built in 1964. I think the garage is even older.
When I bought the property, I was not yet aware of the three-meter rule. Nothing about it came up in the land register or during the purchase process.
Does this fall under existing use rights? Or could the neighbor demand that I tear down my garage? The plot to the left of mine will be sold in the next few months and will get a new owner. Could this cause problems?
Maybe someone knows how this situation stands legally.
Thank you.
Regards,
Specki
An unauthorized building remains unauthorized, meaning that time does not legalize an illegal structure. However, it is usually very difficult to prove illegality in buildings over 40 years old. You would need to study the construction records and research the building and planning regulations that were in effect at the time of construction. Even if unlawful construction can be proven, with each year that it is tolerated, the neighbors’ options to object decrease; demolition will in any case no longer be a realistic option.
According to the plan, it appears that your garage could be newly built today under the current BayBO (Bavarian Building Code) if it meets the conditions of Art. 6 (9) 1. It is questionable how the minimum distance to the residential building was undershot, as Art. 6 already existed in the 1962 version of the BayBO. Problems will probably only arise if you want to make alterations that require approval, such as installing dormers.
According to the plan, it appears that your garage could be newly built today under the current BayBO (Bavarian Building Code) if it meets the conditions of Art. 6 (9) 1. It is questionable how the minimum distance to the residential building was undershot, as Art. 6 already existed in the 1962 version of the BayBO. Problems will probably only arise if you want to make alterations that require approval, such as installing dormers.
tomtom79 schrieb:
Garages do not necessarily require building setbacks, and building setbacks can also be less than 3 meters (10 feet). What is the author trying to tell us with this? The original poster is asking about the distance to the property boundaries. Why are you bringing building setbacks into the discussion? And what does a building setback less than 3 meters (10 feet) look like?
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