Building an end terraced house - Which technical requirements should be considered?

  • Erstellt am 2018-12-04 09:30:19

Yosan

2018-12-10 22:39:37
  • #1
Doesn't the owner have to agree when a building encumbrance is registered if the encumbrance did not exist at the time of purchase? Or does that not apply if the municipality (instead of, for example, a neighbor) has a building encumbrance registered?
 

11ant

2018-12-11 13:58:51
  • #2

At least one can say about the building authority here in its report card "it tried."

Practically, I see it necessary to arrange a joint notary appointment for each row of houses, during which the building committee also meets in the adjacent room and discusses how the building encumbrance should be defined here – which must then finally be incorporated into the contracts before the sales act; since the contracts still change in the process, there follows a fourteen-day deferment for timely content awareness of all parties before the execution appointment. Either someone who thinks more complicatedly than I devised this – or no one at all.

The interested parties in the plots would have to show up with preliminary drafts already prepared with an understanding of eaves heights etc., so that it can be solid from a planning perspective.

I recommend declaring consent to the building authority to disclose one’s own identity along with contact details to the fellow affected parties within the property row, to at least enable an exchange of rough ideas in advance.

Unfortunately, the probable scenario is that of your three neighbors in the row, two are willing to compromise and the third is “geared up for a lawyer.”

Then the development plan would likely become a case for the administrative court. : what would apply in the meantime (if I remember correctly, next door there are only allotment gardens, so nothing can be derived in terms of the insertion requirement of §34) – does the "outermost" building law framework apply then?
 

Mottenhausen

2018-12-11 14:40:38
  • #3


This is the crucial point! Can the buyer of an individual parcel prevent or delay the construction of an entire row house block because they feel disadvantaged regarding their architectural self-realization? Or does the authority already grant the building permit to the "willing" ones, leaving the troublemaker more or less with a fait accompli? Whether this even works legally is doubtful.
 

11ant

2018-12-11 14:50:55
  • #4
I do not fear that, i.e. I do not see him able to do so. They will grant them the permit, but possibly with a building encumbrance that takes the wishes of the "troublemaker" into account. So that they might rather wait and see if they can get this restriction removed.
 

Escroda

2018-12-11 20:20:41
  • #5

Exactly. And since an owner can only be forced to take on a building encumbrance if a corresponding charge is already registered in the land register, it should, IMHO, proceed roughly as describes in #70. The municipality has no special right here. In my opinion, it has forfeited its influence possibilities by failing to include appropriate formulations in the design section of the development plan.

I think yes, if no corresponding clauses are included in the notary contract. However, I have no idea what those might look like. I also see no practicable way that promises legal certainty.

On one hand, I would advise the OP against purchasing a property there—unless they don’t care which roof their house gets and where it is placed on the plot—on the other hand, I am very interested in what exactly the municipality has come up with and how they will implement it.
 

goalkeeper

2018-12-12 21:27:33
  • #6
We just had contact with an architect who explained the matter of the building encumbrance [Baulast] to us as follows:

The municipality is the owner of the properties and can therefore register a building encumbrance on the properties. The building encumbrance is then transferred to the actual sellers upon resale and voilà, the municipality no longer has any legal issues regarding the shared roof shape.

I hope I understood it correctly.
 

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