Can built-up land be divided arbitrarily? Lower Saxony

  • Erstellt am 2021-05-08 13:48:43

Mojos

2021-05-08 13:48:43
  • #1
Hello! We built last year and were able to move into our house in a new development area. We have a corner plot and border several plots of the old village. One of these plots is built with a rented residential house, an attached stable, and a carport attached to it. Before we built here, the stable and among other things our plot were used for keeping horses, although the horse owner did not live on the neighboring plot. South of the stable there is a small open area accessible from the stable, which then borders our plot. The tenants of the residential unit neither use this green area nor the stable; the horses are no longer housed here. We are now thinking about whether we could perhaps buy this green area including the stable and possibly the carport from the owner, as we are considering keeping animals. The question we are asking ourselves now is whether a plot can be divided as desired? The stable is attached to the residential house, although slightly separated. There is a door connecting the buildings. The power supply also runs through the residential house. Structurally, the buildings seem to be separate. Is it possible to separate the property through the buildings? Attached is a plan showing how the buildings are situated. The red line would be the new property boundary. We are located in Lower Saxony. Best regards from Mojo
 

Escroda

2021-05-08 14:11:00
  • #2
Not at will, but according to law, e.g. §19 Building Code, §8 Lower Saxony Building Regulations or the state surveying regulations. If a boundary is to run between the buildings, the boundary walls must be reinforced to become building end walls, i.e. openings must be closed. Alternatively, a unification construction encumbrance can be registered. The plots would then be separated in the land register, but not in terms of building law. Further building law or wastewater-related problems may arise after site inspection and study of statutes – but they are usually solvable.
 

Mojos

2021-05-08 14:57:25
  • #3
Thank you very much for the quick response. We would definitely want to secure the door opening, that would not be a problem. Assuming the owner agrees to a sale, who should we contact next? Are there any applications that need to be submitted to the building authority?
 

Escroda

2021-05-08 23:17:09
  • #4

I recommend a publicly appointed surveyor (öffentlich bestellter Vermessungsingenieur). He is generally familiar with the building law pitfalls important for his work.

In many federal states, you no longer need to obtain a subdivision permit from the building authority, IMHO NI belongs to this; but here too, the local publicly appointed surveyor is the right contact person.
 

Mojos

2021-05-11 14:45:47
  • #5
Thank you very much for your help! Then we now know the next steps.
 

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