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Norddeutscher12 May 2016 21:09Hello everyone.
My girlfriend and I were excited to have a terrace roof (3x5m (10x16 feet)) installed on our semi-detached house. We asked our neighbors if they agreed to us building closer than the minimum setback of 3 meters (10 feet) from the boundary, and they immediately agreed and said they would sign.
I then checked with the building authority, and since the roof is small enough to be exempt from the building permit / planning permission, we were told we would need to register a so-called "attachment easement" (Anbaubaulast).
We submitted everything: drawings from the company (3D and 2D) as well as a land register excerpt showing the location of the roof.
Then came the call: We could not do it that way, because (hold on) we need to maintain a distance to the boundary / house edge of no less than 50 cm (20 inches).
Our options would be to attach it so that the distance is no more than 50 cm (20 inches). This would mean the roof, being narrower than the house wall, would only be mounted on the left side, leaving the terrace uncovered on the right.
The second option would be a wider roof, which would exceed our budget.
I don’t understand why it would be a disadvantage for anyone if we keep a larger distance than 50 cm (20 inches) from the house edge / boundary to the other half of the semi-detached house. Where is this written? Wouldn’t the neighbor generally prefer it if we are further away rather than closer?
I’m at a loss and open to advice.
Thank you and best regards from the (still) sunny north
My girlfriend and I were excited to have a terrace roof (3x5m (10x16 feet)) installed on our semi-detached house. We asked our neighbors if they agreed to us building closer than the minimum setback of 3 meters (10 feet) from the boundary, and they immediately agreed and said they would sign.
I then checked with the building authority, and since the roof is small enough to be exempt from the building permit / planning permission, we were told we would need to register a so-called "attachment easement" (Anbaubaulast).
We submitted everything: drawings from the company (3D and 2D) as well as a land register excerpt showing the location of the roof.
Then came the call: We could not do it that way, because (hold on) we need to maintain a distance to the boundary / house edge of no less than 50 cm (20 inches).
Our options would be to attach it so that the distance is no more than 50 cm (20 inches). This would mean the roof, being narrower than the house wall, would only be mounted on the left side, leaving the terrace uncovered on the right.
The second option would be a wider roof, which would exceed our budget.
I don’t understand why it would be a disadvantage for anyone if we keep a larger distance than 50 cm (20 inches) from the house edge / boundary to the other half of the semi-detached house. Where is this written? Wouldn’t the neighbor generally prefer it if we are further away rather than closer?
I’m at a loss and open to advice.
Thank you and best regards from the (still) sunny north
Norddeutscher schrieb:
Where is that stated? I’m not very familiar with the details in Northern Ireland, as the regulations (§5 Lower Saxony Building Code) differ significantly in some parts from those in North Rhine-Westphalia, but a building encumbrance for an extension (or building easement?) serves to allow the neighbor to build an extension (50cm (20 inches) distance is apparently still considered an extension in your area). You might want to consult a local architect or contact a surveying office to see how they assess the situation; from here, I think contesting the authority would be pointless.
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