Boundary distance when building: setback areas and what the neighbor is allowed to do

How close to the property boundary one may build is governed by the setback-area rules of the state building codes. Certain structures (e.g. garages) are privileged near the boundary, others must keep their distance. If a structure violates the setback areas and this infringes your rights, you can defend yourself.

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Buildings must in principle maintain setback areas to the boundary; the measure and exceptions follow from the respective state building code. Certain ancillary structures (e.g. garages, garden sheds) are privileged within limits.

If a structure violates the neighbor-protecting distance rules, you can turn to the building supervisory authority and take action against an unlawful building permit (neighbor objection or lawsuit).

What you should do now

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1. Check the distance rules
Clarify the setback areas applicable in your state and whether the structure is privileged (type, height, length).
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2. Inspect the permit
Ask the building supervisory authority whether a permit exists and whether you were involved as a neighbor.
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3. Object to the violation
In the case of a violation of neighbor-protecting rules, turn to the building supervisory authority and, if applicable, file an objection against the permit.
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4. Observe the deadlines
Objection and lawsuit deadlines apply against a building permit. Act promptly as soon as you become aware.

How to spot the scam

A structure near the boundary exceeds the permitted height or length of the privilege.
You were not involved in the permitting procedure as a neighbor.
The structure takes away your light and air to a significant degree.

Frequently asked questions

How close may the neighbor build to the boundary?

This depends on the setback areas of the respective state building code. Residential buildings must as a rule keep their distance, while certain ancillary structures such as garages or garden sheds are privileged within limits, each with maximum measures for height and length.

What can I do about a structure that is too close?

Check whether neighbor-protecting distance rules are being violated, inspect the permit, and turn to the building supervisory authority. Against an unlawful building permit you can, as a neighbor, file an objection or sue, subject to deadlines.

What if the building was erected without a permit?

Then it may be an unauthorized structure. The building supervisory authority can intervene and order demolition or a work stop. Report the violation there and describe the impairment of your rights.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.