Administrative Court of Baden-Württemberg, 29 October 2010 - 3 S 1752/10
Clearance areas are often the subject of disputes between neighbours or disagreements between residents and authorities. Clearance areas are areas to be kept free from development between buildings and between installations and facilities that have the same impact as buildings (e.g. wind turbines).
They should prevent fires from spreading easily, provide an action area for the fire brigade, ensure the privacy of residents and sufficient ventilation as well as light and sunlight. The clearance areas must be located on the property itself, but public traffic, green or water areas may be included.
VGH Baden Württemberg: Based on the principle of good faith, a neighbour cannot invoke the required boundary distance if they themselves do not comply with it. This is certainly the case if the violation of neighbour-protecting distance regulations by the contested project does not outweigh the neighbour's own violation and no completely unacceptable conditions arise in terms of hazard law.
Source: Higher Administrative Court of Baden-Württemberg
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