Neighbourhood matters (building law)
Performance specification
A construction measure can have an impact on the neighbouring properties of the building plot. Therefore, the Hessian Building Code as well as the Building Code and the Building Use Ordinance contain various regulations that also serve to protect neighbours.
These include, for example, the stipulation of a development plan on the permissible building use through the designation of building areas as well as the boundary distances for buildings and outbuildings under building regulations law. In addition, there are regulations that give neighbours a special legal position in the building permit procedure. For example, in certain cases they can inspect the building file.
In addition to this aspect of public law, there is also the Hessian Neighbours' Rights Act, which is assigned to civil law. The building supervisory authorities are not authorised to examine civil law claims or to provide legal information in this regard.Which documents are required?
In order to obtain specific legal information or access to files, a legitimate interest must be demonstrated.
This can be:
- Proof of ownership (extract from the land register)
- notarial purchase agreement
- Extract from the list of owners of the cadastral map series
Note: Tenants usually do not have a legitimate interest
Legal basis
What else should I know?
See also the brochure "Neighbouring Rights" (Hessian Ministry of Justice).
Who do I need to contact?
The correct contact is the respective lower building supervisory authority (district administration, district-free cities, special state cities). The respective city administration usually also has a duplicate of the building permit.