Abnormal parking space regulation - legal action or ignore?

  • Erstellt am 2021-05-19 14:26:56

guckuck2

2021-05-20 09:05:45
  • #1
Depending on the area calculation method, rooms can also be declared as usable area. However, this naturally also has disadvantages, for example if you ever want to rent or sell.

I also find legal action inappropriate. All of this was known before the purchase. I also don’t see why this couldn’t be taken into account with 900 sqm.

You also have to factor in the costs of such a dispute (massive construction delay including construction price increase, provision interest, litigation risk, legal/process costs). The real question is whether it’s not better to accept the specification or alternatively pay the compensation (again the question of how high it would be per parking space).
 

danixf

2021-05-20 09:26:21
  • #2
The site plan is still missing. A single-family house with a double garage is nothing special in itself. Presumably, there will be at least 3 meters left or right that won't be built on. I would simply declare that as a parking space. Side by side or one behind the other probably doesn't matter. Outdoor facilities usually come a few months later anyway. At that time, nothing is even written down yet. Theoretically, you can just "start" and then the parking space is still "under construction" :D. In the absolute worst case, you just get RGS35 for 300-400€ and stamp them into the ground. But I still strongly doubt it will come to that.
 

hanghaus2000

2021-05-20 09:36:10
  • #3

The buyout amount is stipulated in the statute:

"(3)
1 The amount of the buyout is calculated from the average market value of the building plots (land value and development) in the area in which the building plot is located, plus the average construction costs in a reasonable amount.
2 The current reference value set by the expert committee of the district is assumed as the land value.
3 For each parking space for a passenger car, including the associated traffic areas for access and exit, a size of at least 25 sqm must be assumed.
(4) 1 An agreement on the buyout of the parking space and garage construction obligation must be concluded with the builder.
2 The buyout amount is due for payment upon issuance of the building permit and must be paid within 10 days.
3 In case of late payment, default interest of 1% of the outstanding amount per commenced month and corresponding reminder fees must be paid. § 7"


Only the original poster can calculate this. Presumably, it will depend on the m² purchase price of the plot including development costs.

What is the point of a legal dispute? Do you want to circumvent the statute? Forget about that very quickly.
 

Strahleman

2021-05-20 09:43:29
  • #4
My approach would first be to check whether, for example, a carport can be placed directly on the property boundary. Behind it, you can still put a garden shed where you store the stuff that would otherwise inevitably end up in the garage. The other parking spaces, depending on the layout of your property, can either be implemented with minimal effort and designed to blend into the garden or – instead of burning money on a lawyer – use that money to pay the compensation. That will certainly be cheaper than bearing court costs for a probably dismissed lawsuit.

Optionally reduce the living space so that it falls below 200m². In my opinion, the three additional parking spaces do not matter for a 200m² house and 900m² garden. The additional area would be just 4% of the property.
 

Myrna_Loy

2021-05-20 09:51:45
  • #5
Maybe we were unlucky, but for one of the properties we manage, the district office checked the parking spaces a few years ago. There was then a request to improve the missing parking spaces. The areas were then constructed as grass grids - looks just as green as before. If no English flower garden is planned in the front yard, that really shouldn't be a problem.
 

hanghaus2000

2021-05-20 09:53:21
  • #6
I assume the house is already planned. The planner probably wouldn’t do the redesign for free. Suggestion please upload the property and floor plans here. The forum members will surely find good solutions.
 

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