Boundary construction with a semi-detached house to the neighboring plot

  • Erstellt am 2021-04-03 11:22:24

Frevan0110

2021-04-03 11:22:24
  • #1
Hello everyone!

My partner (28) and I (25) are currently interested in purchasing a plot of land in Lower Saxony, and since we have no experience in this area so far, we wanted to ask here in the forum. :)
It concerns the parcel with the number 23/6 and 489 sqm. According to the development plan, only semi-detached houses with one full floor are permitted.
The seller has obtained an informal consent with signatures from the current owners of the neighboring plot (24/5), in which they agree to a boundary construction. Since there is an access road on the right side of "our plot," we can only build the semi-detached house at the boundary to parcel 24/5.



Now we would like to know to what extent the neighbors (there apparently is currently a need for clarification regarding the inheritance) can still object to the boundary construction in the case of a preliminary building inquiry or the final building application. According to our understanding (which, of course, does not mean much), the development plan clearly regulates that only semi-detached houses are permitted and therefore the neighbors should not basically be able to oppose it? Furthermore, the plot 24/5 has not yet been divided by the neighbors. A few years ago, there were very long, narrow plots from which our parcel also originated. According to the seller, there is apparently no building or sales project from the neighbor's side. According to her, our semi-detached house would initially stand there alone.

We are currently unsure whether to buy this plot if there is a possibility that neighbors or their future heirs could object to our construction project (we want to build only in 2 years). Because without the boundary construction, the plot is basically unusable. If we were to submit a preliminary building inquiry now, it would apparently be valid for 3 years. If the neighbors agree to the construction project now, would this consent still be valid even if the neighbors change?

Thank you very much in advance and happy Easter! :)
 

Escroda

2021-04-03 15:23:40
  • #2

As long as they do not sign a building encumbrance declaration or easement approval.

I cannot confirm that, as the development plan is not readable.

They do not have to, because you will not get a building permit at all without some form of construction security (see §5, para. 5, sentence 2 of the Lower Saxony Building Code).

Irrelevant from a building law perspective.

The seller can exclude this possibility by initiating the registration of an easement to the detriment of 24/5 and in favor of 23/6. It may also be possible to have the building encumbrance registered already. However, some approval authorities refuse this due to the lack of a concrete project.

No, because without security it would not be approved positively.

Yes, if the consent is legally documented through a building encumbrance and/or land register entry.
 

11ant

2021-04-03 15:57:11
  • #3
I cannot even recognize the infill development area as being developed at all. Which municipality does such nonsense, letting every property owner divide their property according to their own discretion when infill development is desired? - you just can’t seriously ensure with only a building window that this won’t become completely anarchic! Without land reallocation, I see any new development here limited to semi-detached houses, but even those need access. You really can’t seriously want to manage that by means of GFL over the (one-sided) building depths of the front neighbors – does that belong to the district of the municipality of Goalkeeperhausen? *ROTFL*
 

ypg

2021-04-03 18:17:51
  • #4
I can't read it either - phone, tablet, and PC all negative.
 

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