Neighborhood Law - Building Ordinance
In many cases, neighborhood disagreements are based on a lack of knowledge of the legal situation.
This page was translated from German using artificial intelligence. The translation may contain errors or inaccuracies. In case of doubt, the German original version prevails.
Public Law
In the field of public law, regulations are included in the Building Code or the Building Ordinance of North Rhine-Westphalia that serve to protect neighbors.
As part of a building permit process, the building supervisory authority also examines compliance with these regulations. The Building Ordinance NRW does not generally require the involvement of adjacent property owners in the building permit process. This is only considered in exceptional cases, if a mandatory provision of the Building Ordinance is deviated from or an exemption from a provision of the Building Code is requested.
If a neighbor believes that their legal rights have been violated by a building permit, they have the right to file a lawsuit. It is therefore advisable to amicably resolve contentious issues with the neighbor in advance.
Private Law
The German Civil Code (BGB) contains the most important regulations on the topic of neighbor rights in its §§ 903 to 924. These are supplemented by the Neighbor Law of the State of NRW and include the following topics:
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Boundary distances for buildings,
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Window and light rights,
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Party walls,
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Boundary walls,
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Hammer blow and ladder rights,
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Chimneys, ventilation pipes, and antenna systems,
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Roof gutters,
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Sewage,
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Embankments,
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Fences,
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Boundary distances of plants
The purpose of private neighbor law is to maintain and promote understanding among neighbors and thus preserve neighborly peace. Therefore, statutory provisions take a back seat when neighbors reach an agreement. Section 49 of the Neighbor Law NRW explicitly states that the provisions of this law only apply if the parties do not agree otherwise.
