Height determination for building without a permit, next to a sunken fire passage with right of way

Questioner

Dear all, We have built a permit-free shed in the municipality with a fire lane with right of way and right of discharge of water next to and behind the shed. The alleys next to and behind are both owned. I have consulted with the municipality (globally) in advance and they explained that it does not make sense to measure from the (sunken) alley, but from the highest finished terrain (provided that it is not higher than zero level of the house). Now that the shed is standing, a discussion has arisen with the municipality about the method of measuring. We think that, as was first discussed, measurement should be taken from the finished garden, where building is permitted up to a maximum of five meters. However, the municipality suggests that measurement should be taken from the alleys, because building is not taking place on the property boundary, and demands that we apply for a permit because we exceed the maximum permit-free building height by 58 cm. (The height difference between the plot height and the alley height.) The question is, where should we start from legally, and how should we proceed now? Thank you in advance!

Lawyer

Dear, A general rule regarding measuring is included in Article 1, paragraph 2, sub b of Annex II to the Environmental Management Act: 'b. heights from the adjacent finished site, whereby local elevations or floors at the foot of the building that do not fit in with the further course of the site, other than those necessary for its construction, are not taken into account,' With regard to the difference in height, the third paragraph stipulates: 'When applying the second paragraph, opening sentence and part b, a building, insofar as it is located on a property or plot boundary, is measured on the side where the adjacent finished terrain is highest. Therefore, the highest level only applies if the building is located on a property or plot boundary.