Clearances, fences and other regulations

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the essentials in brief

  • A fence up to a privacy screen height of 180 cm must have a minimum distance of 50 cm to the Property line retain.
  • By mutual agreement, neighbors may erect a fence on the property line.
  • Usual distance values ​​at the property boundary are: 3 m for buildings, 1-2 m for outbuildings, 50 cm for plants up to 2 m high, 2 m for plants over 2 m high.

Please note: This guide gives a general overview of regulations in Germany for a conflict-free property boundary. The information, data and tips cannot replace legal advice and assistance. You can find out the actual data relating to the distance regulations from your responsible building authority.

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Distance to the property line - overview

property boundary

Buildings, trees and fences - everything has to respect the natural distance to the property line

In Germany there is no generally applicable distance regulation for the property line. Each federal state defines its own values ​​in regional building codes, which may also be changed in local development plans. Good to know: The rules for the distance to the property line are similar.

The following rule of thumb applies to a house: building height multiplied by a value between 0.2 and 1 = distance to the property line. Special regulations apply to the fence or outbuildings, such as the garage, Garden shed(€ 39.99 at Amazon *) or carport. The height, size or square meters of the area are closely related to the legally compliant distance to the neighboring property. The following table gives an overview, according to § 6 of the cross-state model building regulations (MBO) which most federal states use as a model:

Property boundaries House Outbuildings Heat pump / solar Fence (up to 1.80 m high) Tree (up to 2 m height)
Minimum distance 3 m 1-2 m 2.50 m 0.50 m 2 m

In order to fill the sober figures in this table with life, important questions about the property line are given a compact, comprehensible answer below.

A fence should keep what distance from the property line?

The neighboring law of your federal state stipulates the distance at which you are allowed to erect a fence from the property line. While the minimum distance of 3 meters applies to a house, special rules apply to all types of fencing. In many federal states and municipalities, fences may be erected within the spacing area, provided that the distance to the adjacent property is 50 centimeters. The state building regulations elaborate on all the details.

Can you build a fence on the property line?

property boundary

A fence should always be erected with the consent of the neighbor

Some state neighborhood laws make it mandatory to erect an enclosure or fence between two adjacent properties. If this regulation is not valid in your federal state, you may only build a fence on the property line with the consent of your neighbor. Make sure you have your neighbour's approval confirmed in writing.

How can you see the property line?

On paper, property boundaries are far too abstract and barely comprehensible for a layperson. For this reason there are so-called boundary stones on site. These are special markings made of concrete, stone or plastic that are embedded in the ground. By stretching a string from boundary stone to boundary stone, you can see the exact course of the property boundary.

How close can you build to the property line?

The building regulations of the federal states provide for certain spacing areas between structures and the property boundary. Regardless of numerous regional special regulations, it applies nationwide that you can build up to 3 meters from the neighboring property. The distance is shortened to 1 to 2 meters if it is an outbuilding such as a garage, garden shed, terrace or carport. The more rural the region, the greater the distance to be measured. Therefore, ask your local building authority before starting construction.

What distance can a tree have from the property line in Bavaria?

According to the regulations that dominate Bavaria, a property owner can demand that trees on the neighboring property keep a minimum distance of 0.50 meters. If, on the other hand, a tree protrudes more than 2 meters into the sky, the prescribed distance increases to 2 meters.

What is the prescribed distance to the property line for a garden house?

According to the transnational model building regulations (MBO), a garden house may only then be built on the property boundary if no lounge and no fireplace are built in and the average wall height is a maximum of 3 meters amounts to. If a garden house does not meet these criteria, a distance of at least 3 meters to the neighboring property line must be maintained.

What should you watch out for when planting on the property line?

The special regulation for border development for outbuildings also involves planting. For this reason, the minimum distance of 3 meters may be exceeded as an exception. The following rule of thumb applies: plants up to 2 meters in height must not be less than 50 centimeters away from the neighboring property. Plants over 2 meters tall must be kept constant at a distance of at least 2 meters. In some federal states, significantly larger distance rules apply, such as in Baden-Württemberg of up to 8 meters for large trees. Therefore, please inquire at your local public order office about the currently applicable limit distances before you plant trees, bushes or hedges.

Digression

In an emergency, customary law decides

If boundary stones are not set, mappings are not clear and property boundaries cannot be determined by the land registry office, many property owners file a boundary decision complaint. According to §920 BGB, a court should clarify the confusion of borders. If the court does not come to a clear judgment on the borderline either, the acquis has the last word. In short: If two neighbors argue about a property line, the area in question is assigned to the person who has used it regularly in the past out of habit. This decision-making process costs everyone involved a lot of time, even more money and nerves. The better solution to the problem is an extrajudicial "border assessment contract" that reflects the interests of both sides.

Plant height at the property line - overview

property boundary

The permissible height of trees and bushes close to the border is precisely defined

The limit distance and height of plants are closely related. As a result, there is no single answer to the question: How high can a tree grow on the property line? The following overview demonstrates the form in which the legislature balances the balancing act between height and property line in figures:

  • Growth height up to 100 cm: Minimum distance 25 cm
  • Growth height 101-150 cm: Minimum distance 50 cm
  • Growth height from 151 cm: Minimum distance 75-100 cm
  • Growth height from 200 cm: Minimum distance 100-200 cm
  • Growth height from 300 cm: Minimum distance 200-300 cm

How variant-rich Germany's federal states handle the topic is illustrated by the following examples: In In Baden-Württemberg, a distance of 50 cm is generally required for border plantings up to a height of 180 cm required. From this height the following formula is used: total height minus 130 cm = minimum distance to the property line. In Thuringia, the calculation for privacy hedges over 200 cm is as follows: total height minus 125 cm = distance to the neighboring property. Brandenburg and Schleswig-Holstein practice the 1/3 rule: the enclosure planting must be at least 1/3 apart in relation to the total height.

Perennials, flowers and all herbaceous plants that die after the first frost are not plants in the sense of the regulations on the property line. As a result, for Geraniums, Dahlias and other floral beauties do not have to adhere to a specific limit distance. Three other important questions about the height at the property line receive a solid answer below.

Can you cut branches yourself if a tree grows over the property line?

In principle, no property owner has to put up with when the branches of a neighbor's tree grow over the property line. Simply to Loppers Affected hobby gardeners are not allowed to take action. What to look out for and how to solve the problem peacefully, the following video sums up the point.

Youtube

How high can a pile of wood with firewood be at the property line?

If you Store firewood There are important regulations to be followed in the vicinity of the neighboring property. In most federal states, the legislature caps the height of the wood pile at 1.50 meters. Furthermore, a minimum distance of 0.5 meters from the property line is mandatory.

Is a raised ground allowed at the property line as a hill bed or alpine?

Nationwide, every neighbor is entitled to raise the floor on his property, provided that this does not result in damage to the neighboring property. If necessary, a retaining wall is to be put in place to protect against landslides. Furthermore, a minimum distance of 50 centimeters from the property line must be maintained if the elevation remains below 2 meters. From a height of 2 meters, most state building regulations stipulate a distance of 1 meter to the neighbor.

Tips

Expert pruning of hedges and trees on the property line is subject to the strict regulations of the Federal Nature Conservation Act. To protect our massively threatened flock of birds, the grace period extends from 1. March to 30th September. Slight maintenance cuts are allowed, provided they are limited to this year's growth.

frequently asked Questions

Who has to cut the hedge on the property line?

property boundary

The owner of the hedge is always responsible for cutting the hedge

In principle, the owner of the hedge is responsible for cutting the hedge. If epic long shoots grow into the neighboring property, the person affected may not simply prune the hedge. First of all, the hedge owner must be given a reasonable deadline for the pruning, whereby he is of course granted access to the property. Only when the deadline passes unused and the excessively long growth is a significant impairment, the angry neighbor is allowed to do it himself Hedge trimmer(€ 77.00 at Amazon *) swing.

Where can I find out about my own property line in Lower Saxony?

If you do not see a boundary stone and still want to determine your property line, please contact the local building or surveying office. In Lower Saxony, contact the State Office for Geoinformation and Land Surveying (LGLN) and ask for an “official border information” there.

Tips

If you have a Create compost, there are various aspects to consider. An airy, partially shaded to shady location guarantees rapid rotting with as little odor development as possible. However, unpleasant odors cannot be completely ruled out. For this reason, the vast majority of municipal regulations state that a minimum distance of 50 centimeters from the property line is mandatory.

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