Actually divide the property but both have the same building rights

Correct. It is only a suggestion. What you want to build on the 196m² is up to you to decide. There are many parameters to consider, the weighting of which must first be negotiated among the building partners, 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 questionnaire to the approval authority. Regarding 7*14, I must point out that with two full floors in the case of the smaller plot, the floor area ratio would be exceeded. This could be remedied by an exemption application, avoidance of a full floor, or division according to the owner's proposal (plot size at least 490m²).

: thank you very much for the detailed explanation. I see, for this reason the building partner has changed his opinion and is now advocating for an equal division, but he has also granted me the right to decide which piece we want. All recommendations on this are very much appreciated.

Before I unnecessarily create a bend and a sharp property corner, I prefer to forgo a small piece of independence and build a shared driveway with the neighbor. With two reasonable building partners and a clearly formulated contract regarding construction and maintenance, this also saves a lot of money. Furthermore, with the bend solution, the southern clearance area of the eastern house probably protrudes over the boundary, so that in this case too, a clearance area takeover would be necessary.

Before I unnecessarily create a bend and a sharp property angle, I prefer to forgo a small piece of independence and build a shared driveway with the neighbor. With two reasonable building partners and a clearly formulated contract regarding construction and maintenance, this also saves a lot of money. Furthermore, in the case of the bend solution, the southern setback area of the eastern house presumably extends across the boundary, so that in this case as well, a setback area adoption would be required. [ATTACH alt="Lageplan4.png"]51689[/ATTACH]

This is the most practical solution, and not otherwise.

Before I unnecessarily create a bend and a sharp property angle, I prefer to forgo a small piece of independence and build a shared driveway with the neighbor. With two reasonable building partners and a clearly formulated contract regarding construction and maintenance, this also saves a lot of money. In addition, with the bend solution, the southern setback area of the eastern house probably extends beyond the boundary, so in this case, a takeover of setback areas would also be necessary. [ATTACH alt="Lageplan4.png"]51689[/ATTACH]

thank you very much.

If I understood correctly, the building partner must agree to this takeover of setback areas and it must be notarized. For the driveway, which is shared by us but of course falls within his property, I am sure he will expect compensation. Is there a tool to calculate the cost of my share (the actual land costs are approx. 1200 per m²)?

My understanding of the takeover of setback areas is very limited.

Thanks for the answers. Best regards M

hello again,

I am sorry that this is a late discovery, but today I came across a document (screenshots attached) from the municipality and discussed it with the construction partner.
It seems that according to § 4 -5 we are only allowed to build one semi-detached house with a maximum width of 12 m and a length of 20 m, so in the end we have 12 m * 14 m, which means that each is 12 m wide * 7 m long.

I hope someone can confirm our understanding. And if it is correct, it is certainly safe to refer to the original subdivision as proposed by the realtor.

The construction partner believes that we might be able to build a “bay window” on it.

Since I wanted to call the building authority of my municipality on Monday anyway, he will gladly ask them if we are allowed to build a bay window and if yes,

1) Is it possible to build a bay window on the maximum width of 12 m of the building, which would be within the “building window”?
2) Is it possible to build a bay window within the length of 20 but outside the “building window”, since we will have a length of 14 m?

Option 2) since we may only build 1 bay window on each side of the house!

He suggests that if his only option 1) is possible, we can each make one mistake, but 1 on the south side and only 1 m deep and on the north side also only 1 m deep or 1 bay window that is connected between the two houses (of course with the normal partition wall). But this bay window would be quite small for each of us. Since the width of the bay window may be a maximum of 1/3 of the length of the entire house (14 m), the bay window would be about 4.66 m / 2 = 2.33 m for each of us.

The idea of a shared bay window sounds better to me than forcing one of us to build on the north side, since this side will most likely be an entrance for both of us and above all it could also violate the regulation that introduced in an earlier version of the answer, which stipulates that we only build “twin houses.”

Thoughts and advice are as always very much appreciated.

Many thanks and best regards
M

If I understand correctly, the building partner must agree to this transfer of setback areas

Yes.

and notarized

Not necessarily. Usually, the building permit authority is satisfied with a corresponding declaration from the owner. There is also a statewide form in Bavaria for this (search engine: "Abstandsflächenübernahmeerklärung") as well as an information sheet.

For the access road, which we share but which of course falls within his property, I am sure he will expect compensation.

I am sure of that too.

Is there a tool to calculate the costs of my share

I don’t think so, I don’t know, I’m not familiar with one – and I also consider it not feasible, since the amount of compensation depends on many factors. Since both the green and the magenta-colored areas are used by both parties, I consider a 50:50 split fair when acquiring them, and also for the construction and maintenance of the access road, but only for the green area.

I hope someone can confirm our understanding.

Since the development plan includes its own design statute, in my understanding §2, paragraph 3 applies, so that this general local design statute is irrelevant. However, the municipality may hold the view that the stricter requirements apply in each case. I consider that wrong, but who wants to argue with the municipality before the building permit, especially since I wouldn’t want to exploit the 14m anyway (see #21).

to build a "bay window" on it ...

… from here, I find it difficult to follow your post in terms of content. Make a list of what you want and what your building partner wants and visualize that in a site plan.
- targeted living area
- number of floors
- roof pitch
- attic conversion
- dormers, cross gables
- bay window
- conservatory
- terrace
- balcony
- garden house
- budget
You first need to fundamentally agree whether you want to build there together. This requires a lot of willingness to compromise, since many problems can only be solved during the permit planning and not already before the purchase. The plot is certainly buildable with two semi-detached houses, but some wishes require exemptions, whose chances of success a planner can only assess after knowing all details.