hTTi

Hi,

I will post this also here, just in case anyone else found himself in the same situation and can provide me any info.

I live in a DHH and the relationship with my neighbour is very good and I would like to keep it as it is. They are very nice people.
They want to built a Terrassendach (for covereing their patio) and they are planning to build it 1 meter from the dividing line. It will be a 8x3 m roof, so they dont need any authoirzation from the gemeinde.
But they need a consent from us.
The company they want to hire gave us a form which we are supposed to sign in order to give this consent.
The point 1 of this form states, among other things, "Eventuelle Abstandflächen werden auf meinem Grundstück übernommen".
While trying to read and understand that part the same neighbour came in help explaining that it looks like that in that statement it says i will accept to shift on my land the 2 meters (from the regulatory 3 meters) distance he is taking on his side for the patio roof. He was very honest but this alerted me.
Is this really the case ? Is a patio roof impacting the Abstandflächen ? I thought this was the case of more "serious" structure.

If this is the case then I am concerned that this will decrease the value of my property and I would be forced to say no to my neighbour (but I really would be the first one to be pissed off about this).

As far as I understand it, Abstandsflächen by DHH is a bit different.
I mean, the houses are joined together on the boundary line so the 3m Abstand isn't present there either.
Plenty of RMH have Terrassenüberdachungen, which span the full width of the house so they also are not conforming to a theoretical 3m Abstand.

You probably need to ask a lawyer to get a definitive answer though!

Maybe it is different with a DHH. Our neighbours attached a terrace glass roof directly at the boundary line between our gardens. Then later added glazed walls to make a full conservatory. Might be worth asking at your local Bauamt to be sure.