Gap in building / Access for surrounding properties / §34 Neighbor development

  • Erstellt am 2020-03-24 11:36:56

PyneBite

2020-03-24 11:36:56
  • #1
Good day everyone,
after reading along for a long time, the opportunity has arisen at short notice to buy a building gap.
However, some questions still arise here. Maybe you can help me.

Plot:
513 sqm, well shaped, south-facing, near Scharbeutz (5 minutes drive)
positive building certificate for the current owner to find out if it is building land (for a large single-family house)
see pictures

Access:
on the west side is the access road for the two surrounding plots with house numbers 56 and 58
according to the owners, these belong to the offered plot, the maintenance is then shared by all 3 parties
due to the division, the 3m distance to house number 56 is not given. According to the building authority, no problem if I keep the 6 m distance to the house (as drawn)

Buildability:
Since there is no development plan, buildability is based on § 34 neighboring buildings.
I have uploaded the neighborhood. In my opinion, only 1 full floor is allowed here. However, the houses in the neighborhood are partly extremely tall (very steep gable roofs with large and converted attics).
We are planning about 120-140 sqm of living space.

Now my questions:

1) How can I find out more about the soil condition? The owner supposedly knows nothing about the soil. The building authority could not give me any information.
So I only have the paid option of a soil sample?

2) Do you see the possibility to build a single-family house with 2 full floors and a 15 degree gable roof after all? If not, we do have an alternative (visible under attachment idea), but this would be significantly more expensive.

3) The access road worries me. We simply do not need it and would have to be involved in 1/3 of the maintenance. Furthermore, it is relatively dusty and stirs up a lot of dirt. How would it be if we said, for example, that we want it paved. Can we force the other parties to participate in the costs with 1/3 each?
My absolute wish would be if we do not purchase the access road and one of the other parties gets it. We then pull our fence and that would be that.

4) How close can the house be built to the street side? We are not fans of front gardens and would rather enjoy more garden with a south-facing location.

Since I would like an overall overview of the topic, I have summarized all questions in one thread, even if not every question fits thematically to this area. I hope this is not a problem.

I look forward to your suggestions.




 

11ant

2020-03-24 12:50:38
  • #2
What would Plan A look like for this stylish (but probably significantly exceeding 120 to 140 sqm) Plan B? I clearly see a. definitely not a two-storey building, b. definitely not such a princely eaves height, and c. something around 30° roof pitch.
 

Tassimat

2020-03-24 13:05:40
  • #3

Disconnect the neighboring houses and ask if they still have documents.


Are there such buildings outside the photos in the neighborhood? Otherwise, just ask the city directly.


That now strongly depends on how it is regulated in the land register and the conditions on site. Is a right of way registered for the neighbors? Can the neighbors also reach their property without the access road? Of course, you can also buy the piece and still put up a fence. That might be more advantageous because of distance regulations, but I’m not really familiar with that. You can’t impose costs on anyone if they don’t want to pay.


If in doubt, like the neighborhood. Or ask the city.
 

PyneBite

2020-03-24 13:19:28
  • #4
I am too stupid to quote properly. Therefore, I will try it this way:



Solution A is relatively simple. See photo. So basically plan B without the extension. Plan B wouldn’t even be our house, that was just a solution I found where someone turned 2 full floors into 1.
After we know what we are allowed to build, we would intensify the planning.

Tassimat:
1) Good idea. I will do that, since the left neighbor from the street (gray house) must have built relatively recently.
2) No, unfortunately not. But opposite are very tall single-family houses, roughly 12 m high. But with very steep gable roofs. So I assume those are also 1.5 stories.
3) Thanks for the tip. I will request a land register excerpt.
4) The city says they only regulate the depth. Therefore, I assume we would also be allowed to build directly on the street. The guy was unfortunately not very talkative.
 

Escroda

2020-03-24 14:09:19
  • #5

Is one planned?

No.

That depends on whether there are agreements regarding this and, if so, whether these also apply to a purchaser.

If that option exists, that would also be my advice.

Number of floors is irrelevant according to §34. What matters is the eaves height, and this is the same in both variants and IMO not enforceable.

I don’t. Your cadastral excerpt is somewhat sparse but in the photos I clearly see factual building boundaries.
 

guckuck2

2020-03-24 14:14:26
  • #6
Uff, I think here wish and reality diverge quite far apart

The two buildings shown are never and never only 120-140sqm in size.
The glazing is also illogical given the surroundings.
The building line will be dictated by the neighboring house, one will not move up to the street.
Building too high etc.
 

Similar topics
20.01.2016Relationships between land registry entry and buildability13
05.04.2016Acquire green land adjoining the property?15
15.08.2017Build 1 DH or 2 single-family houses on the plot?20
24.11.2017Consultation and opinions on the property32
22.03.2019Property division: Shared access via a separate plot29
12.06.2019Properly dividing land for single-family house + duplex15
01.02.2021Residential construction on existing building - parents' property19
22.11.2023Location of city villa or single-family house on 500 m2 plot - rectangular586
30.11.2020Building Authority Problems - Purchased a Defective Plot56
02.09.2020Can a single-family house be sensibly planned on this plot?14
23.03.2021EFA with approx. 120 m² on approx. 450 m² plot20
18.02.2021Plot on the northern slope – next steps?25
27.02.2021Location of city villa or single-family house on a plot with a wide street frontage63
03.03.2021Single-family house + land (purchase or leasehold) with high interest rates26
24.11.2022Floor plan single-family house approx. 300 sqm, plot 780 sqm24
17.02.2023Procedure for constructing a new single-family house on an existing plot179
02.07.2023Fencing in RLP: Is a small fence allowed on private property?40
18.04.2024Floor plan design: Single-family house; with basement; 800 sqm plot10
24.11.2024Building authority requires open space design plan for single-family house - experiences?37
05.06.2025South-facing plot 700 sqm, single-family house approx. 150 sqm, any ideas or input?41

Oben