Base area number possibly insufficient / create floor plan or usufruct right /

  • Erstellt am 2021-02-22 20:24:55

FavoritHH

2021-02-22 20:24:55
  • #1
Hello,

this is my first time dealing with house construction, so I kindly ask for some patience in case basic knowledge is assumed :).

Before I get to the actual topic, some background might be important for assessment:

My parents have, next to their residential house (in sketch Roman 2), a garden which is basically building land; we had this checked together with an architect through a preliminary building permit.

The challenge here was already at the time of the preliminary permit that we want to build two single houses on the then still potential building land, since both my brother and I want to have our own houses (we have excluded a duplex for us).

Now the first hurdle: my brother currently cannot/will not build, but we and my parents of course do not want to deny him the right to do so, so the preliminary permit initially only served to check whether two single houses are allowed to be built there according to the building code. I, on the other hand, would want to start right away. An important note: so far, neither my brother nor I own the land to be built on.

The question regarding the construction of a private residential house with 2 residential units in the preliminary permit was briefly answered with yes (I have attached the exact wording along with the sketch to the thread).

PRELIMINARY PERMIT:



SKETCH:



The excitement was great, but our architect said afterwards that there could be problems with the floor area ratio in the actual building application. After research, this will probably indeed become a problem.

But even this would basically be a solvable problem because we could remove the greenhouses located behind the houses to be built (in sketch Roman 1) from the business assets to generate area.

Now we ask ourselves what the tactically smartest and quickest approach would be. With my current knowledge, I only see the following possibilities here:

1.) Submit a building application for both houses to determine the required floor area ratio -> remove the land from business assets -> create a cadastral map and allocate according to the two houses to me and my brother -> I submit a building application for my house.
2.) Simply remove a certain area (a bit of a guess) in advance from the business assets -> create a cadastral map -> allocate according to the two houses to me and my brother -> I submit a building application for my house.
3.) Usufruct right (could this cause us problems when applying for a loan?)

Anyone who has made it this far deserves my thanks at this point – I am additionally grateful for any further input. I also apologize for any logical errors or my complicated way of thinking; many things are just incredibly unclear to me.

Best regards from the North!
 

Escroda

2021-02-22 23:10:18
  • #2
Same here. Why was a single-family house with two residential units requested in the preliminary decision then? The attached response does not fit that. That also does not fit the attachment, because it says there: "The single-family house ... fits in terms of ... the floor area (223m²) ..." I did not understand that. Submit two building applications? ... if you trust your luck. We do not know the financial circumstances. Therefore, basically yes, usufruct rights could cause problems with loan approval. 4.) New building preliminary inquiry that fits the desired constellation. What do you want? My suggestion: subdivide two plots from the parental property and plan two semi-detached houses.
 

11ant

2021-02-22 23:15:47
  • #3
Then I do not understand the depicted semi-detached house (which, by the way, is also staggered instead of being in a common alignment); moreover, to me it seems too much like "placed in the garden" for me to speak of independent "building land" – and I do not see the floor area ratio here as questionable, but clearly uncomfortably dense (accordingly, I do not understand the comment regarding the integration: where else in the surroundings is the development as dense?).
 

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