Can my neighbor build his garage directly on my property line?
December 7, 2022 | 40,00 EUR | answered by Oliver Ratzberg
Dear Neighborhood Law Attorney,
I am reaching out to you with a question regarding my neighbor and his planned construction project. My neighbor, Mr. Müller, intends to build a garage directly on our property line. This is causing me concern and I am wondering if this is even legally permissible.
Regarding the current situation: Our property and Mr. Müller's property are directly adjacent to each other. The property line was previously marked by a fence, but Mr. Müller now plans to remove the fence and build the garage instead. I am worried about the potential impact on my property, such as restrictions on access to my own property or depreciation of my ownership.
Therefore, my question to you is: Is Mr. Müller actually allowed to build his garage directly on our property line? Are there any legal provisions or regulations that restrict or prohibit this? What options do I have to oppose this project or at least protect my interests?
I thank you in advance for your support and legal advice on this matter.
Sincerely,
Laura Koch
Dear Mrs. Koch,
Thank you for your inquiry regarding your neighbor Mr. Müller's planned construction project. As a lawyer specializing in neighborhood law, I can understand your concerns and would like to assist you with detailed information and legal advice.
First of all, it is important to know that neighborhood law in Germany is generally regulated by the Civil Code (BGB). Here you will find numerous regulations that govern the relationship between neighbors and also affect the construction of buildings on property boundaries.
In your specific case, where Mr. Müller wants to build a garage directly on your property boundary, sections 903, 905, and 906 of the Civil Code are relevant. According to section 903 BGB, an owner can generally use his property as he pleases, as long as he does not violate legal regulations and the rights of others.
However, there are also some restrictions when it comes to the construction of buildings on property boundaries. Section 905 BGB regulates that buildings erected on the border with a neighboring property must maintain a minimum distance. This minimum distance may vary depending on the state and municipality, so it is important to consult the respective state building regulations.
Furthermore, section 906 BGB regulates the so-called "setback area law," which is intended to ensure that neighbors are not unreasonably affected by the construction of buildings. This includes regulations on light exposure, ventilation, and distance from property boundaries.
If you are concerned that Mr. Müller's planned garage construction violates your rights, you have various options available. You could first try to have a conversation with Mr. Müller and attempt to find a mutually acceptable solution. If this is not possible, you can contact the local building authority to have the construction project reviewed for compliance with applicable regulations.
In the worst case scenario, you could also take legal action and seek legal assistance to represent your interests and potentially obtain an injunction to stop the construction.
I hope that this information has been helpful to you and I am available for any further questions you may have. Good luck in resolving this matter.
Sincerely,
Oliver Ratzberg
