Extending building land around garden land - Effects on building envelope

  • Erstellt am 2015-01-15 11:58:55

sirhc

2015-01-15 11:58:55
  • #1
Hello,

we have acquired the last building plot in a residential area. Next to this building plot there is still a piece of garden land. We are in contact with the owner of the garden land and are considering buying it to add to the building plot.

My question is what effects this would have on the building envelope. Can land that is not building land nevertheless take on a building burden? If yes, would this then mean that no 3m distance would have to be maintained on the boundary between building land and garden land, but rather boundary construction with the residential building would be allowed?

If we could build right up to the boundary, the garden would of course be worth more to us than if we still had to keep the 3m distance to the boundary with the house and only had a larger garden area.

The valuation is also not easy. Of course, the garden is worth more to us than to others because the benefit for us would be greater. On the other hand, we are actually the only ones who would have any benefit from it. Therefore very difficult.

The reason we are even considering this is that the owner of the garden land approached us. On the other hand, his demands are currently utopian, so I consider it very unlikely that a deal will actually come about.

Maybe you have some tips or information in this regard, as I have already read quite a bit about combined building and garden land.

Thank you very much!
 

K1300S

2015-01-15 12:33:51
  • #2
I do not see any impact on the building envelope in any case – why should there be? However, if the building envelope reaches the boundary, then garden land will probably be treated the same as building land, that is, a distance area construction obligation would then have to be registered.

The pricing is, of course, always a chapter of its own.

Best regards

K1300S
 

sirhc

2015-01-15 13:04:41
  • #3
Thank you, maybe as a layman I have a wrong understanding of the [Baufenster].

Ultimately, it currently looks like this:
Plot width x meters
Maximum width of the main building equals x meters - 6 meters (3 meters distance to the boundary on both the right and left).

Maybe the responsible authority can provide me with reliable information on this.
 

K1300S

2015-01-15 13:11:49
  • #4
Certainly. A building envelope can indeed be smaller than the usually established setback areas. In my case, for example, the building envelope extends to the lateral property boundary, but about 25 meters must remain free at the back. So I would not be allowed to build there either, even if the land behind belonged to me.

Best regards

K1300S
 

sirhc

2015-01-15 13:40:22
  • #5
It is true that such things can be fixed, I am also aware of that. Our property is very small, and to my knowledge, the only requirement is that we must maintain a distance to the street at the front.

From your first post, I understand that it might be possible to register a setback obligation on the garden land. So if the building envelope extends to the side boundary, it would be possible, in connection with such an obligation, which I could impose on myself if I were to buy the garden land, to build three meters wider.

According to Wikipedia, I should find the setback areas marked in the plan of the building zone, I will check that later.

Thanks and best regards
 

K1300S

2015-01-15 13:49:24
  • #6
Yes, I think that's correct. Only the building authority remains, but you have to get in touch with them anyway. After all, they have to say "Yes".
 

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