Help needed - Real division of a narrow plot

The easement area must not be built over, except with privileged buildings (garage, storage room, etc.). If your parents-in-law wanted to add an extension to their house, the easement area would be off-limits. In NRW, the site plan may no longer be created by the architect because an official site plan is required when easements are present. However, I do not know if this is also the case in Lower Saxony.

We would like to keep a distance of 1m or 2m from the border to the "alten Grundstücksteil". I need to take a closer look at the [Baulast], I don’t quite understand it yet.

Thank you very much for now. :)

In NRW, the site plan is probably no longer allowed to be created by the architect because an official site plan is required when easements exist. However, I do not know if this is also the case in Lower Saxony.

A small subtlety among colleagues: ;)

Since the easement is not yet dormant, but only triggered by the new building permit, the site plan for the building application may still be prepared by the architect, but not the site plan for the easement itself. This is usually nonsensical in terms of fees and work, but possible. Only with the next building permit, when the easement actually exists (is dormant), are the architects out – if the caseworker notices at all.

Moreover, the practice in Lower Saxony actually differs from the handling in NRW.

:

Easements should be a last resort and, in your constellation, in my opinion, are unnecessary by adjusting the boundary to the existing and planned development. If the southern boundary already exists, then the easement is the possibly more favorable option. If the southern boundary still needs to be created, it makes more sense to adjust the boundary so that no easement arises. Saves costs and the building law effect is usually the same.

But any publicly appointed surveyor in Lower Saxony can explain this to you in 10 minutes.

Best regards
Dirk Grafe

Thank you all. Looking forward to the appointment at the municipality this week. I will report back here. Are there any points I should definitely consider/ask about regarding the division? I have a list of questions:

- Is development possible in the rear part of the property?
- Is a flat roof allowed?
- Which area is buildable?
- Buildable area in sqm for living space?
- Is exemption from the stipulations of the development plan possible?
- Can the building line be deviated by 2m and instead of 6m keep 8m distance to the street to keep the west side open?
- Is an entry for setback area building obligation necessary after division?
- Costs?

Is anything missing or should I omit something? :)

Regards & thanks!

For the subdivision, a subdivision application is submitted by the surveying office, in which all essential building code-related points must be presented. Based on this, the building authority will either approve or reject it or formulate specific conditions for the subdivision. Usually, of course, this is discussed beforehand between the surveyor, architect, and building authority.

The building authority will provide little information mainly regarding costs. The building authority can only tell you, for example, what the registration of a building encumbrance or a building application costs. The building authority will also not be able to answer some other questions from your catalog without knowing the specific construction project. Since this planning does not yet exist, the discussion there will only be able to revolve around fundamental matters.

In other words: it certainly does no harm, but you will not really make progress there. At the latest after that, you will need an architect and a surveyor.

Best regards
Dirk Grafe

A fundamental question about my topic here.

What do you think about a plot of approximately 12x25.5m (about 306m²) or, if we get more meters at the front of the plot, then 12/14x25.5m (341m²) and a house with the dimensions of about 6.5x13.5m? It goes over 2 floors and has about 136m² of living space.

I won’t write more about it for now to avoid influencing anyone. :)

Best regards and thanks in advance.