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Right to build up to a boundary. Create more space.
What is a right to build up to a boundary?
The right to build up to a boundary enables construction closer to a plot boundary than the statutory distances between boundary lines stipulate. It’s a boundary building right and requires the written consent of the neighbour. It can be granted unilaterally or bilaterally. In order for the boundary building right to be legally binding, it must be entered in the land register as an easement. This will govern, among other things, the spacing, use and maintenance of the construction units in question.
How long does the right to build up to a boundary last?
The right to build up to a boundary lasts indefinitely, provided nothing to the contrary is agreed. It is entered in the land register and remains in place even if there is a change of owner. The agreement may only be revoked with the consent of both parties, public certification and removal from the land register. A clear arrangement is therefore essential.
When is a right to build up to a boundary needed?
A right to build up to a boundary is needed when there are plans to build closer to the plot boundary than is permitted by the statutory distances between boundary lines. This is often the case in built up areas or if the aim is to make optimal use of the plot. The right to build up to a boundary can also come into play for renovations of old buildings, namely when a building was built too close to the boundary line in today’s terms and now is set to undergo renovation work. The consent of the neighbouring party is always required before a right to build up to a boundary can be granted, as is compliance with the building regulations or the corresponding permission issued by the relevant authorities.
Is it possible to grant a right to build up to a boundary without entering it in the land register?
Without a land register entry, a right to build up to a boundary is not valid under law. It would simply be a personal agreement among neighbours, which it would not be possible to enforce in the eyes of the law, either against the neighbouring party or against any subsequent party. If the right to build up to the boundary is entered in the land register as an easement, this does not refer to individuals, but rather to the plot.
