ypg
2019-02-23 12:44:06
- #1
Here we and our questions are also ignored :(
Land planning for a single-family house with a double garage
- Erstellt am 2019-02-21 16:57:30
Birdie84
2019-02-26 10:25:16
- #2
Hi,
You are not being ignored by me. On the contrary. I am actually happy if you can help me further with your contributions! Thank you very much for that!!
The street runs at the top of the plan (so to the north). The measuring points are correct. The plots run slightly diagonally, hence the measuring points within the plots. Adjacent to the plots are gardens. The plots are within the municipality and can be built on.
I haven't quite understood the issue with the setback areas yet. According to my acquaintance who is a raw builder, he has informed himself and the undeveloped plot could still be built on even after my construction. Corresponding arrangements would have to be entered in the land register. However, now I read here again that my parents' plot would be worthless after my construction. Of course, I want to avoid this and therefore have a right to build up to the plot area entered in the land register.
"One would have to be a pro" :)
Best regards
Birdie
You are not being ignored by me. On the contrary. I am actually happy if you can help me further with your contributions! Thank you very much for that!!
The street runs at the top of the plan (so to the north). The measuring points are correct. The plots run slightly diagonally, hence the measuring points within the plots. Adjacent to the plots are gardens. The plots are within the municipality and can be built on.
I haven't quite understood the issue with the setback areas yet. According to my acquaintance who is a raw builder, he has informed himself and the undeveloped plot could still be built on even after my construction. Corresponding arrangements would have to be entered in the land register. However, now I read here again that my parents' plot would be worthless after my construction. Of course, I want to avoid this and therefore have a right to build up to the plot area entered in the land register.
"One would have to be a pro" :)
Best regards
Birdie
ganner
2019-02-26 12:17:34
- #3
Hello Birdie,
Did I understand correctly that the right property owned by your parents is not developed? It is still unclear whether there is a development plan.
Find out about the applicable setback areas in your federal state / building area.
In general, there are setback areas to be observed between two buildings on different properties. These are distributed equally on the respective properties. Usually, you and your parents must maintain a 3m distance to the boundary when building a house. That means 6m between the two houses.
If you only keep a 1m distance to the boundary, then your parents would take over a building encumbrance for you on their property. They would have to cover the missing 2m distance on your side. Consequently, they (or the future owner) would have to keep a 5m distance from your planned house. Therefore, a subsequent development of your parents’ property would be difficult / almost impossible.
But of course, you and your parents could register a so-called mutual attached building encumbrance. Then you must build on the boundary. Your parents (or the future owner) would then also build there afterward. Of course without windows on the boundary. In other words, you would each build a semi-detached house.
These building encumbrances are usually recorded in the building encumbrance register, which is kept by the municipality.
It would be interesting to see how the property/properties to the left of you look and are developed. A possible slope would also be of interest. Otherwise, I see no problem why this property could not be developed.
Did I understand correctly that the right property owned by your parents is not developed? It is still unclear whether there is a development plan.
Find out about the applicable setback areas in your federal state / building area.
In general, there are setback areas to be observed between two buildings on different properties. These are distributed equally on the respective properties. Usually, you and your parents must maintain a 3m distance to the boundary when building a house. That means 6m between the two houses.
If you only keep a 1m distance to the boundary, then your parents would take over a building encumbrance for you on their property. They would have to cover the missing 2m distance on your side. Consequently, they (or the future owner) would have to keep a 5m distance from your planned house. Therefore, a subsequent development of your parents’ property would be difficult / almost impossible.
But of course, you and your parents could register a so-called mutual attached building encumbrance. Then you must build on the boundary. Your parents (or the future owner) would then also build there afterward. Of course without windows on the boundary. In other words, you would each build a semi-detached house.
These building encumbrances are usually recorded in the building encumbrance register, which is kept by the municipality.
It would be interesting to see how the property/properties to the left of you look and are developed. A possible slope would also be of interest. Otherwise, I see no problem why this property could not be developed.
Birdie84
2019-03-05 11:55:06
- #4
Hi Ganner,
Thank you very much for your detailed reply. Really great!
Yes, the right property is not developed. The property to the left of the two is also undeveloped. As far as I know, there is no development plan from the municipality. Basically, anything can be built. Regardless of shape, roof, etc.
The issue with the setback areas only refers to the height (length) of the house and not the entire length of the property, or was I misinformed?
So if I have a house length of 10 m, my parents would have to maintain the 2 m setback on their property at exactly that height, right? This would most likely be their garden anyway, because their house would then be further north (plan above) due to the staggered properties.
Sorry, this is a bit difficult to explain.
Regarding the topic "mutual building encumbrance": Nice that you brought up this topic. If we have this mutual building encumbrance registered with the notary, are we then obligated to build exactly on the property boundary? At least that’s how I understood it. Oh yes, the properties have practically no slope. Only a little at the driveway (plan above).
Many thanks and I look forward to your reply.
Best regards
Birdie
Thank you very much for your detailed reply. Really great!
Yes, the right property is not developed. The property to the left of the two is also undeveloped. As far as I know, there is no development plan from the municipality. Basically, anything can be built. Regardless of shape, roof, etc.
The issue with the setback areas only refers to the height (length) of the house and not the entire length of the property, or was I misinformed?
So if I have a house length of 10 m, my parents would have to maintain the 2 m setback on their property at exactly that height, right? This would most likely be their garden anyway, because their house would then be further north (plan above) due to the staggered properties.
Sorry, this is a bit difficult to explain.
Regarding the topic "mutual building encumbrance": Nice that you brought up this topic. If we have this mutual building encumbrance registered with the notary, are we then obligated to build exactly on the property boundary? At least that’s how I understood it. Oh yes, the properties have practically no slope. Only a little at the driveway (plan above).
Many thanks and I look forward to your reply.
Best regards
Birdie
haydee
2019-03-05 12:55:29
- #5
I would register an encroachment easement and build a semi-detached house.
An example from our town regarding the takeover of the remaining setback area into the very likely garden.
Neighbor builds on the boundary. Grandma and Grandpa agree. It's only the garden and the garage anyway, chicken coop, storage area may remain. Years later
The grandson wanted to convert the garages and build an extension in the former garden. Bad luck. The neighbors do not take over any setback area on their side (their garden is at the height of the garages); the former garden is useless because instead of 3 meters setback, 6 meters setback must be observed.
My personal opinion is, everyone must observe their setback areas on their property. Anything else eventually causes resentment. Either because the property is hardly sellable or even harder to develop.
An example from our town regarding the takeover of the remaining setback area into the very likely garden.
Neighbor builds on the boundary. Grandma and Grandpa agree. It's only the garden and the garage anyway, chicken coop, storage area may remain. Years later
The grandson wanted to convert the garages and build an extension in the former garden. Bad luck. The neighbors do not take over any setback area on their side (their garden is at the height of the garages); the former garden is useless because instead of 3 meters setback, 6 meters setback must be observed.
My personal opinion is, everyone must observe their setback areas on their property. Anything else eventually causes resentment. Either because the property is hardly sellable or even harder to develop.
ganner
2019-03-14 08:03:40
- #6
Hi Ganner,
Thank you very much for your detailed response. Really great!
Yes, the plot on the right is undeveloped. The plot to the left of the two is also undeveloped.
As far as I know, there is no development plan from the municipality. Basically, anything can be built. No matter the form, roof, etc.
Of course, you are not allowed to build "anything" just like that. But naturally, you and your architect do have some freedom. The whole thing must then be approved by the responsible building authority.
In general, the construction must fit the "character of the immediate surroundings." This concerns the size, the use, as well as the construction type (detached or attached).
Hi
The issue with the setback areas then only refers to the height (length) of the house and not to the entire length of the plot, or was I misinformed?
So if I have a house length of 10 m, my parents would have to maintain this 2 m setback at exactly this height on their property, right?
That would most likely be their garden anyway, because their house would then, due to the staggered plots, stand further north (top of the plan).
As far as I know, what you say is correct. That it only applies to this house length. But as far as I know, the distance is more than 2 meters (at least 2.5 meters depending on the federal state). In other words, at least 5 meters must be kept from your boundary. Thus, your parents’ plot would be almost unbuildable. See sketch
Blue: House on your plot
Red: Setback areas
Yellow: Theoretically still possible development on the parents’ plot.
Hi
On the subject of "mutual party wall obligation":
Good that you brought up the topic.
If we have this mutual party wall obligation registered with the notary, are we then obliged to build exactly on the property boundary?
At least, that's how I understood it.
Oh yes, the plots have almost no slope. Only a little at the driveway (top of the plan)
To my knowledge: Yes, then a party wall obligation is registered for the area along the boundary where you plan the house. That means if your parents build later on their plot, they must build directly adjoining your house without any gap in that area. In the rest of the plot, to my knowledge, construction can/must be done with offset again, unless a mutual party wall obligation is registered for that area as well.