FAQ

Within the framework of the building permit application procedure, it is not within the municipalities’ field of competence to monitor compliance with private property boundaries. The right of ownership is a fundamental right enshrined in the Constitution, therefore any encroachment of the façade insulation (considered as a fixed element of the building) on a neighbouring private property must be covered by the transfer of a real right over the plot of land in question, otherwise there is a risk of legal recourse within 30 years of the work being carried out (acquisitive prescription in real estate matters).

In the context of the building permit application procedure, it is necessary to respect the municipal planning regulations relating to setbacks from neighbouring private properties. The same provisions apply to constructions along the municipal public domain.

With regard to building permits, the municipalities systematically check that buildings are set back from the municipal public domain or plot boundaries.

As a rule, the planning regulations for setbacks are regulated by the municipalities in their General Development Plan (Plan d’Aménagement Général, PAG) or in the Special Development Plans (Plans d’Aménagement Particulier, PAP).

For municipalities whose PAG has not yet been adapted to include current legislation, the planning regulations relating to setbacks are still included in the written part of the PAG or in the building regulations. For these municipalities, the measurement of setbacks in the event of energy retrofitting is set out individually, by municipality, in those documents.

On the other hand, for those municipalities whose PAGs have been completely revised since 2011, the Grand Ducal Regulation that is the basis for the applicable definitions provides that the building setbacks are to be measured without the additional insulating layer in the case of an energy retrofit.

In both cases, the municipalities can include derogation mechanisms in their regulations in order to promote energy retrofitting, for example through a reduction in the minimum setback to be observed.