Key legal question
Whether a building with an existing easement allowing closer construction needs a new or additional easement when additional storeys are added.
Extracted holding
Yes. For the construction of a higher building, a new or supplementary easement is required for the additional storeys.
Extracted reasoning
Under Art. 7(2) BauG, the boundary distance increases for the whole building for each additional storey measured at the foot of the building. This is intended to prevent pyramid-shaped construction and to stop circumvention of boundary-distance rules.