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  #61  
Old 18.03.2021, 21:49
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Re: Neighbors built too close to our property

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far better that they have some sleepless nights over the next few years
few years?? that'd be really mean
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  #62  
Old 18.03.2021, 21:53
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Re: Neighbors built too close to our property

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Talked to a lawyer, she thinks I could ask for a few thousands CHF compensation or, better, a Näherbaurecht contract. I'll go for the latter.

Now the question is how much should I ask, given they only overbuilt by 20cm? Writing such a contract for 20 cm would be a waste of time, plus I am not the one who created the issue so I should ask for more. But then I would not want to overshoot and make the neighbours angry.
I checked, and the maximum I can ask by law is 1.5m given the distance between the buildings.

Shoot your numbers and I'll take the median
3 metres.
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Old 18.03.2021, 23:13
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Re: Neighbors built too close to our property

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Talked to a lawyer, she thinks I could ask for a few thousands CHF compensation or, better, a Näherbaurecht contract. I'll go for the latter.

Now the question is how much should I ask, given they only overbuilt by 20cm? Writing such a contract for 20 cm would be a waste of time, plus I am not the one who created the issue so I should ask for more. But then I would not want to overshoot and make the neighbours angry.
I checked, and the maximum I can ask by law is 1.5m given the distance between the buildings.

Shoot your numbers and I'll take the median
1.5 metres
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Old 19.03.2021, 09:23
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Re: Neighbors built too close to our property

1 meter
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  #65  
Old 19.03.2021, 09:25
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Re: Neighbors built too close to our property

1499mm
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Old 19.03.2021, 09:40
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Re: Neighbors built too close to our property

I would ask permission to build a pigeon loft on their property.
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  #67  
Old 19.03.2021, 12:09
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Re: Neighbors built too close to our property

I would have offered following options:

1) 40cm + half/half paperwork
2) 30cm + they cover all the costs of the paperwork
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Old 19.03.2021, 12:22
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Re: Neighbors built too close to our property

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I would have offered following options:

1) 40cm + half/half paperwork
2) 30cm + they cover all the costs of the paperwork
1500mm & they pay full costs of the paperwork, this could be negotiated down to 1000mm plus full costs.
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Old 19.03.2021, 12:50
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Re: Neighbors built too close to our property

What is being negotiated please? I'm not familiar with Naharbaurecht. Neighbour what?
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Old 19.03.2021, 13:00
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Re: Neighbors built too close to our property

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What is being negotiated please? I'm not familiar with Naharbaurecht. Neighbour what?
It's Näherbaurecht - local building law (and agreements between neighbours). Basically the tighter the space, the more the neighbors will have to rely on reaching agreements with one another about the use or restriction of land. In other words, your neighbour will have a lot to say if you want to build next to him.
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Old 19.03.2021, 13:07
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Re: Neighbors built too close to our property

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It's Näherbaurecht - local building law (and agreements between neighbours). Basically the tighter the space, the more the neighbors will have to rely on reaching agreements with one another about the use or restriction of land. In other words, your neighbour will have a lot to say if you want to build next to him.
Cheers.

Is this a retrospective agreement in this case? What space is the OP negotiating for? I originally read it as a max of 1.5 mil not m!
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Old 19.03.2021, 14:12
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Re: Neighbors built too close to our property

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Cheers.

Is this a retrospective agreement in this case? What space is the OP negotiating for? I originally read it as a max of 1.5 mil not m!
Apparently yes, it will be a retrospective agreement as the lovely neighbour had put the cart before the horse to force OP's hand. For 20 cm. Or at least this is what it was when I read the thread and can remember now only because its oddness.
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  #73  
Old 20.03.2021, 10:08
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Re: Neighbors built too close to our property

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It's Näherbaurecht - local building law (and agreements between neighbours). Basically the tighter the space, the more the neighbors will have to rely on reaching agreements with one another about the use or restriction of land. In other words, your neighbour will have a lot to say if you want to build next to him.
It is an agreement between the neighbours to build something outside the rules with respect to distance from the lot line. Most often it is entered in the property title records so if the property is sold, the agreement is still in place. Sometimes neighbours agree amongst themselves with an agreement, but nothing in the property title records, as this costs money. Not the best idea to do something without putting it in writing, and making it official.

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Talked to a lawyer, she thinks I could ask for a few thousands CHF compensation or, better, a Näherbaurecht contract. I'll go for the latter.

Now the question is how much should I ask, given they only overbuilt by 20cm? Writing such a contract for 20 cm would be a waste of time, plus I am not the one who created the issue so I should ask for more. But then I would not want to overshoot and make the neighbours angry.
I checked, and the maximum I can ask by law is 1.5m given the distance between the buildings.

Shoot your numbers and I'll take the median
In this situation, the neighbours, who built the extension, didn't stick to the rules which specify how far away from the lot line they need to be. It sounds like the mistake was only discovered after they were finished, likely when the building department came to check. I wouldn't be worried about making them angry, they are in the wrong!

Now the question is how much "giff" should ask for compensation for this error. As I already posted, the neighbours in the wrong should be responsible for all the costs. It is likely they will go after the builder/architect for this money.

What is this mistake worth to "giff"? There is no way to know this without seeing the lots and situation and assessing the impact on the value of Giff's property. Does Giff have any extra distance to the lot line from their own property, in which case selling 20cm to the neighbours could be a solution and avoid a modification to the building rules altogether.

If Giff's house is exactly the required distance to the lot line with no excess, there is nothing extra to sell off. Then the negotiation for a variation to the rules is the only option. If Giff, or a future owner, wants to extend their house, it would be impossible without a variation. How much to vary? I have no idea.

A professional appraiser (ideally a SVIT member) would be the best person to answer this question and what the value is. I would look for someone local. There is a fee for this appraisal. Fees vary, perhaps around 1,200 chf would be the minimum. The HEV also offer an appraisal and if you are a member of the HEV you would get a small reduction on an appraisal. (I would add this to the cost of the compensation sought from the neighbours).

I would take my time to get all the information and not rush into any agreement with the neighbours. I would discourage any verbal communication with the neighbours over this issue. You will likely need a lawyer to draw up an agreement, but as I wrote earlier, if you have legal insurance this should be covered.
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Last edited by Mrs. Doolittle; 20.03.2021 at 10:19.
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  #74  
Old 20.03.2021, 12:10
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Re: Neighbors built too close to our property

why not to ask why they don't make it right and whenever that would be out of pocket for the neighbour and why keeping in mind :

- there is building insurance that each company has for such issues - why they can't use it for this case

- there is architect and local community approval - did they make mistake and are responsible

- was is deliberate by the neighbour

and what would be the cost of that change rather than you accepting it


Than play the hand of whenever that change is 10-30k CHF - state the obvous that you believe that is something they should find solution to on their own - whenever when it be 100k - offer perhaps to meet them half-way at 50k .

Usualy people at firs would say it is super expensive to re-do just to stop there for a moment when they'd actually have to pay 50% of that amount inly to move on ...as at first price was wrong and just used to bend you to accept their issues as yours'
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  #75  
Old 20.03.2021, 12:35
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Re: Neighbors built too close to our property

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It is an agreement between the neighbours to build something outside the rules with respect to distance from the lot line. Most often it is entered in the property title records so if the property is sold, the agreement is still in place. Sometimes neighbours agree amongst themselves with an agreement, but nothing in the property title records, as this costs money. Not the best idea to do something without putting it in writing, and making it official.



In this situation, the neighbours, who built the extension, didn't stick to the rules which specify how far away from the lot line they need to be. It sounds like the mistake was only discovered after they were finished, likely when the building department came to check. I wouldn't be worried about making them angry, they are in the wrong!

Now the question is how much "giff" should ask for compensation for this error. As I already posted, the neighbours in the wrong should be responsible for all the costs. It is likely they will go after the builder/architect for this money.

What is this mistake worth to "giff"? There is no way to know this without seeing the lots and situation and assessing the impact on the value of Giff's property. Does Giff have any extra distance to the lot line from their own property, in which case selling 20cm to the neighbours could be a solution and avoid a modification to the building rules altogether.

If Giff's house is exactly the required distance to the lot line with no excess, there is nothing extra to sell off. Then the negotiation for a variation to the rules is the only option. If Giff, or a future owner, wants to extend their house, it would be impossible without a variation. How much to vary? I have no idea.

A professional appraiser (ideally a SVIT member) would be the best person to answer this question and what the value is. I would look for someone local. There is a fee for this appraisal. Fees vary, perhaps around 1,200 chf would be the minimum. The HEV also offer an appraisal and if you are a member of the HEV you would get a small reduction on an appraisal. (I would add this to the cost of the compensation sought from the neighbours).

I would take my time to get all the information and not rush into any agreement with the neighbours. I would discourage any verbal communication with the neighbours over this issue. You will likely need a lawyer to draw up an agreement, but as I wrote earlier, if you have legal insurance this should be covered.
I suspect you might get a higher value by looking at the loss in value of the other property if the insulation went on the inside, making rooms 20cm smaller. Possibly the entire inside needs to be reworked, stairs moved etc.
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