Avoid building obligations by alternative placement of the construction project?

  • Erstellt am 2021-06-21 12:57:23

JayBee_1985

2021-06-21 12:57:23
  • #1
Dear house-building community,

we would like to have a single-family house with carport/ancillary facility built. Our intention can be seen in the greatly simplified sketch (picture M1).
Our neighbors do not want to register any building encumbrance, which is absolutely understandable for us as well.

To my understanding, I can realize the project WITHOUT a building encumbrance (picture M2) by placing the whole so that I keep at least 3m distance to the left and right property boundary. Is that correct?

Excerpt Lower Saxony Building Code (Niedersächsische Bauordnung):

"Buildings pursuant to sentence 2 may reduce the distance according to paragraph 2 on a total length of 9

m per property boundary, but on a building plot overall only on a length of
15 m. When applying sentences 2 and 3, buildings built without distance on a boundary pursuant to paragraph 5 sentence 2, of the type named in sentence 2 number 1, shall be taken into account. 5When

applying sentence 1 number 2, paragraph 2 sentence 3 applies accordingly."

Since I lack the technical expertise to understand this passage unequivocally, I ask for your help and look forward to any answers.

Thank you very much

 

Escroda

2021-06-21 13:40:03
  • #2

Yes, if the minimum distance is enough for you, meaning your buildings are not higher than 6m.
 

Osnabruecker

2021-06-21 13:57:24
  • #3
How long are we talking about for the carport etc.? Over 9 m? Up to 9 m should be okay at the boundary, then maybe just place equipment somewhere else in the garden.
 

JayBee_1985

2021-06-21 14:17:30
  • #4
Thanks in advance for the quick responses!



Upon closer examination of the cross-section of our property, M2 is eliminated. The property is only 20m wide, the house itself ~10m, and the ancillary buildings ~6m. Thus, even after centering, no 3m remain on each side. I completely forgot that...



Carport and the two rooms ~13m, so 4m too long for a direct boundary construction without a building encumbrance registration.
The tool shed will be a paved hobby room (foundation, stone walls). We would rather not place it in the garden.
 

Osnabruecker

2021-06-21 14:44:41
  • #5


Then it doesn’t fit under the stated conditions.
6 m width for the carport?
You will have to make compromises somewhere

- shorten to 9 m
- make house / carport narrower
- bribe neighbors (ask what a building encumbrance would be worth to them; we had some large roots removed at their expense)
 

JayBee_1985

2021-06-21 14:54:41
  • #6


This sometimes results from the passageway. The carport itself is 4.9 m wide. (Image 1)



We are already in talks, initially it was okay until it became clear what a building encumbrance ultimately means... (Image 2)

 

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