Help needed - Real division of a narrow plot

A question about the construction project: the building would have a flat roof, the development plan is from 1957, were such roof types already excluded back then? Or can I assume that a flat roof can be built here since it was not yet considered back then? :)

You can initially only assume that the development plan applies. If there are houses in the immediate vicinity of the property with roof types that deviate from the development plan, the chance increases that you may also deviate. ONLY the building authority responsible for you can answer that bindingly; anything else is unreliable and may, in the worst case, result in a disappointed expectation.

And how high is approximately a single-family house with 2 floors and a flat roof? 6m?

A bit of parapet is added ;) of course it also depends on the clear prefabricated height of the respective floors. If both are 2.50 m clear height, the parapet is set at 0.70 m, the total building height is 6.25 m. To be measured above sea level or the measure specified by the municipality.

Rhineland greetings

Thanks construction expert! :)

Then I wasn't that far off with my 6m. I calculated 2.8m per floor and then a bit more. ;)

As I said, the residential area is from the 50s, plots have already been sold there and, in my opinion, there are also buildings that have a flat roof.

Regards & many thanks for your information.

Hello robi,

In 1957, there was no land use ordinance yet, so it is probably a simple development plan. This means that everything it does not specify is governed by §34 of the Building Code, which means it must fit into the surrounding development. Regarding the building line, the approval authority will probably insist on compliance, unless other buildings in the immediate vicinity already deviate from it. I think idea 3 is the best. Possibly I would rotate the house by 90° so that the garden faces east. If your parents-in-law only want to sell you 12m, however, a distance area easement would have to be registered because the necessary boundary distance is not maintained.

Hello Escroda,

thank you very much for your hints/tips. You surely mean the boundary distance to the old part of the property? That is at the bottom by the sidewalk? On the drawing it is only 1m and as far as I know 3m must be maintained!? That would really be bad for our planning. Is a setback obligation of 1m as on the drawing or 2m dependent on the property owner or the municipality?

Many thanks in advance. :)

The dimensions of the encumbrance depend on the triggering setback distance of your new building (determined according to §5 Lower Saxony Building Code). If your house (6m*12m) only triggers the minimum distance of 3m and you have a 1m boundary setback, the encumbrance area is 2m*12m.

Have you already decided on a floor plan? If there is already an encumbrance, I would build on the new boundary, entrance to the street, house 9m wide (to maintain the distance to the southern neighbor) and for example 10m deep (encumbrance then 3m*10m).

Does a building encumbrance entry have disadvantages? We cannot build on the boundary at the street because the mandatory building line is 6m away from the street (see attachment Post #1).

Best regards