Ask a lawyer on the topic of Neighbor law

privacy screen

March 31, 2014 | 30,00 EUR | answered by Daniel Hesterberg

We have owned a row house in Bavaria for over 40 years. The properties are divided by a chain link fence approximately 80 cm high. On the terrace, there is a privacy wall on both sides with a metal frame and glass filling, approximately 100 cm wide and 180 cm high. This glass partition with a metal frame (seen from the outside on the left) can only be removed from the neighbor's property. The glass has many cracks and needs repair.
Unfortunately, last week my neighbor installed a wooden privacy wall in front of this existing glass wall on his property and additionally added two elements to increase the width to about 250 cm and the height to about 215 cm. Access for repairing the damaged glass partition is now blocked and not possible. Additionally, we do not agree with the installation of this wooden wall, resulting in no more sun on the terrace, no more view of the neighbors' greenery, and a completely new, altered situation in the garden and terrace.
Question: Do I have to accept this construction change on the terrace after 40 years, by the new owner of the neighboring property?

Daniel Hesterberg

Dear questioner,

Thank you for your inquiry, which I would like to answer based on the facts and information you provided as follows:

I.
The so-called right of access for construction and maintenance according to Article 46B of the Implementation Act - AGBGB Bavaria applies:

"(1) 1 The owner and user of a property must tolerate that the property is entered by the owner or user of the neighboring property and by persons commissioned by them for the purpose of erecting, altering, maintaining or removing a building, and that scaffolding and equipment are erected on the property or extend onto it, as well as that the building materials necessary for the work are brought onto the property or deposited there, if and to the extent that

1. the project cannot be carried out otherwise or only at disproportionately high costs,
2. the disadvantages or nuisances associated with the tolerance are not disproportionate to the benefits sought by the person entitled, and
3. the project does not conflict with public law regulations."

Your neighbor cannot exclude this right.

It is important that you assert this right in writing one month in advance.

II.
Regarding the wooden wall:
Walls, including retaining walls and enclosures, privacy fences, and terrace partitions up to a height of 2 m, except in rural areas, do not require a building permit, which means that your neighbor would need to apply for a building permit, to which you would be involved as a neighbor and directly affected party.

Excessive shading must not be created.

In addition, the height must comply with any applicable zoning regulations or, otherwise, be in line with local customs - the fence must fit in with the character of the surrounding area.

I hope this information has been helpful to you.

Sincerely,

Daniel Hesterberg
Attorney at Law