§34 Building Code: Building Window and Garage

I can imagine the actual building boundaries something like this ... so I do think that would be enough for 2 normal single-family houses.



But - why do you want to sell the front house and later the rear property?
If it is approvable (and that seems to be the case in the neighborhood), the rear property is actually the nicer plot...
- further away from the street, quieter
- west-facing garden without a new building right in front (evening sun)
- no neighbor (of the rear property) passing by your own house.

I also wouldn’t necessarily create a "pipe-head" plot, but rather register extensive rights of way on the front property (if the rear one is your own). The loss in value is compensated by the extra square meters. You can build better on the plot, since the right of way does not require setback areas. If you divide the plots, you can register a “optimized” right of way for yourself (depending on which property you want to keep).

Hello TE,

Our conditions were similar. 2200m2, about 30x75m, only that we wanted to be further away from the street than the neighbors. The statement with us was also: orientation at 200-300m direct distance to the neighboring buildings. So gable roof and 100-year-old house to build, we didn’t want a church or community center. Therefore, the statement from the building authority was seriously questioned. Need something "measurable" and not just such a statement. Planned city villa, 6m behind the building line of the neighboring houses, ridge below the church spire. ;-), distances right and left maintained and through the building application. I think if it’s something personal, they should not just approve it. Always remember, they (the authority) must, if in doubt, also meaningfully refuse loans they can reject and not just dismiss formally. :)

Thank you Stephan,
Thank youRomeoZwo,

I could imagine the actual building boundaries something like this ... I do think that would be enough for 2 normal single-family houses.

But - why do you want to sell the front house and later the rear property?
If it is approvable (and that’s how it looks in the neighborhood), the rear property is the nicer plot...
- further away from the street, quieter
- west garden without a new building right in front (evening sun)
- no neighbor (of the rear property) driving or walking past your own house.

I also wouldn’t necessarily create a flag-shaped plot, but rather register extensive easements on the front one (if the rear is your own). The diminished value is compensated by the additional square meters. Building on the plot is easier since the easement does not require setback areas. If you divide the properties, you can register an "optimized" easement for yourself (depending on which plot you want to keep).

The idea is to build relatively close to the street in order to have a large west garden. Whether the rear property will be sold sometime or not is still uncertain.

The idea with the easement and the additional sqm is good.

Hallo TE,

Our conditions were similar. 2200m2, about 30x75m, only that we wanted to be further away from the street than the neighbors. The statement for us was also: orientation about 200-300m as the crow flies to the neighboring buildings. So building a gable roof and a 100-year-old house, we didn’t want a church or community center. Therefore the statement from the building authority was seriously questioned. I need something "measurable" and not just such a statement. Planned city villa, 6m behind the building line of the neighboring houses, ridge below the church spire. ;-), kept distances right and left and went through the building application.
I rather think if it’s something personal, they shouldn’t just approve it.
Always keep in mind, they (the authority) must also reasonably reject loans if necessary and not just dismiss them pro forma. :)

Thank you Stephan for your assessment. The problem is that we don’t have much time left for a preliminary building inquiry let alone for the complete building application.
I think the argument to want to close building gaps and create as much living space as possible should also convince the building authority. However, if I understood the employee from the building authority correctly, even he processes such an application and for him the building line is "basically" fixed. So I suspect that he will just reject the whole thing :-(

To avoid going around in circles now, I would have to submit 2 preliminary building inquiries (one for each house). Is that correct?

Best regards and have a nice evening

"Not having much time left" and [Bauantrag] is, however, a very bad combination. In many regions, one should plan for a good year from the application to groundbreaking.

I have now attached 2 larger excerpts in the attachment.

Very good. Now the image in the crystal ball is no longer so blurry.

... in succession are currently not approvable.

... I take that back. I no longer see any reasons for refusal. If push comes to shove, a reference to a ruling by the OVG North Rhine-Westphalia dated 01.03.2017 - 2 A 45/16 might help at the building authority. Your constellation shows many parallels.

Positioning the garage outside the building window would be another alternative that I might still be able to accept.

Here I stick to my initial assessment that this will not be approved, since all neighboring houses facing O-Street are set far back and the houses with less distance appear to be accessible via the cross streets. I do not see any compelling urban planning reasons to deny your request, but if the building authority official has already indicated resistance, I see him as having the upper hand here.

Whether the rear property will ever be sold or not is still up in the air.

Well then: merge the parcels and submit a building application for the rear house. When the time is right, divide the property and submit a building application for the front house.

To avoid going around in circles, I would have to submit 2 advance building permits (one for each residential building). Is that correct?

That depends on what exactly you want to clarify in advance.

I would like to pick up the point from RomeoZwo again:

But - why do you want to build on the front house and sell the rear property later?
If it is feasible to get approval (and it looks like it is in the neighborhood), the rear property is the nicer plot...
- further away from the street, quieter
- west-facing garden without a new building right in front (evening sun)
- no neighbor (from the rear property) driving/walking past your own house.

If we build on the rear part of the property, I don’t know how high the development costs will be...

Furthermore, I have found many different opinions online about the topic of a hammer-shaped property.

There are also some lawyers who point out that many neighbors may feel disturbed if a residential building is now planned in what used to be a quiet neighboring garden. If construction takes place without a development plan, many neighbors would sue against it. I have no desire for a (years-long) legal dispute.