Actually divide the property but both have the same building rights

  • Erstellt am 2020-09-23 00:18:13

musik_de

2020-09-23 00:18:13
  • #1
hello everyone,

As a silent member of this very useful forum, I have learned a lot and gained the courage to build a small house myself. In this process, I have a question for which I would appreciate your expert opinion.

I am in talks with a building partner to jointly purchase a plot of land. However, we are still very confused about how the property should be divided. The situation is as follows:

1. The plot in question is an approximately 1000 sqm trapezoidal plot (see diagram).
2. We want to divide it so that we both have the same building rights.
3. It has been agreed that if necessary, I will take over the larger part and pay additional costs.

The realtor told us that we can divide the plot into 559 sqm (again a trapezoid) and 441 sqm, but my building partner is not sure if the smaller part will have the same building rights.

I would be grateful if someone could take a look and suggest a possible way to achieve a real division in which both parties can build on the same area.

Grundflächenzahl - 0.30
Geschossflächenzahl - 0.40
two full floors are permitted


Thank you very much in advance for your valuable tips.
M
 

K1300S

2020-09-23 07:09:03
  • #2
What is meant by "the same building rights"? (The law is the same for everyone.)

If you mean that both parts should have an equally sized piece of the building window (?), that probably only works by drawing the boundary accordingly, but that would make the already smaller part even smaller. In addition, corresponding distances to the boundary may also have to be observed.

I am not an expert, but it might be sensible to consider a WEG division and legally build a two-family house. can definitely say much more about that.
 

musik_de

2020-09-23 07:53:41
  • #3
Good morning.

Thank you for the feedback.

By building rights I meant that we can divide the building plot evenly (so that we can build equally sized houses), without violating the provisions of the development plan.

Our difficulty is that the trapezoidal part, if we divide the land evenly, has a very small side on the main street and the south-facing position becomes very small.

The realtor's proposal makes sense when it comes to having a decent south-facing garden, but the building partner is not sure if his building properties remain unaffected. Unfortunately, the municipality cannot confirm anything.

Best regards
M
 

ypg

2020-09-23 08:08:06
  • #4
The blue is the building envelope? Then that's barely enough for one house.
 

musik_de

2020-09-23 08:16:48
  • #5
Here is the proposal from the broker.
 

Scout

2020-09-23 08:19:51
  • #6

14x11m is enough for a duplex. So 7x11 m for each.

With the floor area ratio you have to consider that

559 m² => 168 m² buildable
and 441 m² => 132 m² buildable

Minus 77 m² for the building volume, the smaller one still has 55 m² left for garage, garden house, and access path. Is that enough?
 

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