Actually divide the property but both have the same building rights

  • Erstellt am 2020-09-23 00:18:13

11ant

2020-09-24 20:00:44
  • #1

Meanwhile, I have probably found the post I wanted to link you earlier: - and here is another one on a somewhat related but more distant topic:
 

musik_de

2020-09-24 20:47:09
  • #2


Thank you. Although my question is not answered directly, the posts provide insight into the long-term effects of a real property or WEG division.
 

Escroda

2020-09-25 07:58:26
  • #3

Nobody intends to deceive a user.

..., which Bavaria generally denies me anyway, since only the LfDBV is responsible here for sovereign surveying . Sad but true.

Yes.

No, but it can be a bit more as well.

Nope. Here’s a two-storey with a finished attic stitched to the edge:

Floor area ratio I: Residential house + terrace = 7*11 + 7*3 = 77 + 21 = 98 < 132 = 441*0.3
Floor area ratio II: Floor area ratio I + dormer + driveway + auxiliary facilities = 98 + 36 + 56 + 8 = 198 < 198.45 = 441*0.3*1.5
Floor space index: Full floors + living rooms on other floors = 7*11*2 + 22 = 176 < 176.4 = 441*0.4

Have the notary advise you. Watertight doesn’t really exist IMO; because even if clear agreements are included in the notary contract or, separate from the previous owner, an additional notary contract is concluded, you would be legally protected. However, if the construction partner becomes insolvent, it will be difficult to enforce your right. One of the three parties must take a risk.
 

musik_de

2020-09-25 08:33:37
  • #4

Good morning.

Thanks again.

I had a call yesterday with the construction partner and he was surprised that I mentioned a house structure of 11 * 7. In his opinion, the actual house structure should be 14 x 7 and he will only accept a division that ensures this. In his estimate, the building window for the entire property is 14 x 14. The drawing shows that it actually looks like a square, but I don't know why everyone came up with 11 x 7.

I will definitely ask the building authority, but some thoughts here would be very much appreciated.

Best regards
M
 

ypg

2020-09-25 11:37:35
  • #5
... because the terrace probably falls within your building window.
 

Escroda

2020-09-25 13:31:06
  • #6

Correct.

It’s just a suggestion. You have to decide what you want to build on the 196 m². There are quite a few parameters to consider, the weighting of which the building partners first have to negotiate among themselves, since the development plan requires twins for semi-detached houses – at least that is my interpretation of 5.10. That would be another point for the list of questions to the approval authority.
For 7*14, I note that with two full floors, in the case of the smaller plot, the floor area ratio would be exceeded. This could be remedied through an exemption application, by avoiding a full floor, or by subdivision according to the owner’s proposal (plot size at least 490 m²).
 

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