Constructing a carport afterwards on the uncle's neighbor's property

  • Erstellt am 2019-11-06 09:34:22

StevoBrun

2019-11-06 09:34:22
  • #1
Hello everyone,

a really great forum that I always enjoy reading. Now I have a personal concern that I hope you can help me with.

Last year we bought a plot of land / house, renovated it, and are very happy with it.

On one side of the plot there is a single garage right on the boundary, the neighboring plot belongs to my uncle, who would transfer part of his plot to me (the entire plot is too large and we don’t need it). The size he would leave to us would be about 80 sqm. We would like to build a single lean-to carport next to the garage.

The new surveying and subdivision of the plot would, I think, cost at least four figures. Is there a way to register a building encumbrance [Baulast] on my uncle’s plot so that we can build the carport completely there? Or can my uncle submit a building application for the carport? The plot itself is undeveloped.

Or do you have other ideas on how we can arrange this as cheaply and legally secure as possible?

Thanks in advance for your thoughts.

Thanks and best regards
Stevo
 

Scout

2019-11-06 10:09:19
  • #2
The most pragmatic solution would probably be to build the carport on the border at one's own expense and conclude a 99-year lease agreement with the uncle, including right of way, for a symbolic one euro per year. The principle applies here: If it is an agricultural lease agreement, the rule "purchase does not break lease" applies, see §§ 593 b, 566 Building Code. Oh yes, of course a special termination right by the lessor must be contractually excluded.

But something like that would be thought way too simple in Germany; then a notary and lawyer wouldn't earn anything.
 

StevoBrun

2019-11-06 11:35:18
  • #3
Ok, if that would be possible. Then probably my uncle would have to submit the building application, right?
 

Escroda

2019-11-06 11:52:33
  • #4
No, it’s not necessary. You can submit the building application yourself, provided one is needed at all. Carports up to 30m² floor area have been exempt from approval in NRW since January, as long as it is not an outdoor area. Have a look at §62, para. 1 of the state building code to see if your project meets the conditions. Is there a development plan?
 

StevoBrun

2019-11-06 12:08:37
  • #5
No, there does not seem to be a development plan. And the carport would be exempt from needing approval.
 

11ant

2019-11-06 16:42:58
  • #6
As a neighboring property owner, you shouldn’t have to divine such essentials from the coffee grounds, but should know them.
 

Similar topics
27.05.2013Cost estimation: prefabricated house, basement, carport, single garage10
05.02.2014Costs/planning land, additional construction costs, turnkey, etc.27
29.10.2013Property reserved, construction financing plan, architect/building permit application21
10.05.2016Real estate transfer tax on land and house?12
03.03.2014Build a carport. Instead of wooden posts, is flat iron possible?12
09.04.2014Questions/neglected plot/meadow, determining construction measures44
21.04.2015Is a floor plan with a garage feasible on the property?29
21.03.2016Land Costs - Building and Financing a House29
18.06.2015The plot must be developed. The general contractor says this is a priority!35
08.01.2016House placement on a small 448m² plot56
22.10.2019Additional construction costs for a house on a 120k Euro plot28
09.08.2016Small plot and corner bungalow26
19.10.2016Carport from the hardware store?36
27.04.2017Carport deviation from the building application21
10.02.2020Place house, garage / carport on the property93
26.02.2019Submit a building application before the land is paid for?11
23.10.2019Distance to the ring road - house and carport10
12.07.2021Hang property, catch carport22
16.10.2021Floor plan single-family house, 2 full floors approx. 180 sqm, 600 sqm plot56
29.07.2024Is my planned carport still exempt from approval?21

Oben