Definition of a granny flat

Hello everyone,

we are building a KFW 55 house and want to set up 2 residential units there.
This means the ground floor and upper floor should each form one unit. Thus, we would have a single-family house with a granny flat.

We recently had a conversation with the construction company, where the site manager was also present... he made us quite uncertain because he said this would not be approved in the building application as such...

Our view and also that of the bank was as follows:
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The definition of a granny flat is quite simple. A granny flat is spoken of when

[*]the rented apartment is part of the building you live in yourself,
[*]and lies within your apartment.

Independent household management must be possible
First of all, the rented premises must be an apartment at all.
An apartment is an independent, spatially and economically separated residential unit in which an independent household can be run without the shared use of other rooms in the house being more than usual. This means the apartment must have, in addition to at least one room, a bathroom as well as cooking facilities.
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Exactly these conditions we have per floor ~70sqm each with bathroom/WC, kitchen, and bedroom.
The only thing that might be a matter of interpretation is where the separation is... meaning whether we put a door upstairs for separation or downstairs in front of the stairs. But even without this separation (door), completely independent household management would be possible.

The reason we are doing this is quite simple: later for our children as an independent apartment or also for a parent...

Now the site manager's concerns... at least those I can remember... soundproofing / escape routes and/or fire protection? Are these no-gos for a granny flat for you? What does soundproofing have to do with it? If at all, this is a matter between me (the landlord) and the respective tenant?

The matter is now going to the architect to clarify it definitively.
What experiences do you have? What else can we do to clarify this accordingly?

Greetings and have a nice evening.

Soundproofing / escape routes or fire protection? Are these no-gos for you when it comes to a granny flat? What does soundproofing have to do with it?

I think the site manager has slipped into residential construction, where according to WEG the certificate of separability is tied to the mentioned parameters. But that matters less to you since you probably don’t want to divide your single-family house with a granny flat according to WEG.

Otherwise, since it’s about the KfW subsidy for you, right? Just take a look at the conditions of your subsidy provider.

Residential units are rooms located in a closed context and intended for permanent residential purposes in residential buildings, which enable the running of a household (own lockable access, rooms, kitchen/kitchenette, and bath/WC).

hey alex,

thanks for your quick response!
I just looked up the Abgeschlossenheitsbescheinigung...

Excerpt:
It is therefore required when the new construction of condominiums or the division of a rental building into (separately sellable) condominiums is planned.
That is exactly what we do not want...!

As mentioned, we want to have the option later to rent out this unit (preferably to family members) AND of course to use the appropriate KfW subsidy. I think that’s all legitimate!!!?!?

I hope your tip regarding the WEG / Abgeschlossenheitsbescheinigung (which I had never heard of before) is what our site manager is mixing up a bit here. However, he also immediately said that he might not be right... but that of course caused our big uncertainty right away.

Without knowing much (information from the internet) and with the info our finance advisor has from his many financings - we naturally went into the process. Furthermore, I know some houses that were approved AND built exactly on this basis! Only it was a different construction company...

But if you see it the same way... hopefully the architect does too?!

Cheers!

As said, we want to have the option later to rent out this unit (preferably to family members) AND of course to use the corresponding KfW subsidy.

If you want to take advantage of the second KfW loan, then this apartment (does not need to have a separate entrance) must already be equipped with a kitchen now and cannot simply be used as bedrooms for the main apartment.

You can have the cables and lines installed for the future -> no subsidized granny flat now

You can apply for the subsidy -> but then you yourself cannot use the 70 sqm upstairs.

okay - but that a kitchen must be present is nowhere defined. here we have no specifications, as the tenant can also bring their own kitchen! also, when the rental must start is not specified .... for whatever reasons it may be that no suitable tenants are found or as mentioned thought about our children / parents who are currently still "too young" and still or not yet independent in managing their lives!

please do not misunderstand... I am grateful for any advice!

Yes, you are right about the kitchen and I have a knot in my head. Nevertheless: what you want to repurpose later is not yet it now. In all brevity, greetings