Converting garden land to building land, how should one proceed?

Hello,

I have a question about the following topic:

We live together with the parents in an old building with a long plot of land (1200sqm). Now it is getting a bit tight with the kids...

Behind our garden land, a private road was built with semi-detached houses. Since our garden now practically borders a road, we are considering whether it could become building land.

Now the question: how do I have to proceed and who decides about this, since it is a private road?

Thank you for your help!!

Hello,

We live together with the parents in an old building with a long plot (1200 sqm). Now it’s getting a bit tight with the offspring...

Behind our garden land, a private road has now been built with semi-detached houses. Since our garden now practically borders a road, we are considering whether it could become building land.

Now the question: how do I proceed and who decides on this, since it is a private road?

The municipality decides whether it is a "private road."

Parceled-out private streets and paths that comply with the rules of building art with regard to development and condition and in which there is a public interest can be taken over by the municipality as property and maintenance with the consent of the private owners.

The transfer "can" be free of charge; however, usually there is a "must" behind it.

Taking over a private road is also possible without the consent of the landowners by issuing a special use plan and by way of expropriation if appropriate access would otherwise be excessively hindered. The affected landowners have the right to legal remedy.

Conditions for the takeover:

A public interest in the takeover of private roads exists in particular if the following conditions are met:
- Designation in the traffic master plan
- Through road
- Access to public buildings and facilities
- Foot and/or cycle path connection with public character and municipal significance.

Municipal roads can be transferred to private individuals if they no longer have any significance for general traffic. Compensation is determined by the municipal council. It is based on the usage interest of the acquiring private parties.

What seems more important to me here, however, is the question whether you can even build on the land at the rear. For this, I recommend that you talk to the building planning office responsible for you.

Best regards

Thank you for the information, I will tackle that next.