New building with granny flat - general contractor restricts rental and KfW funding

We are currently trying to find out whether in a granny flat a proper lockable apartment door is allowed to face the hallway of a main house, i.e. the red door, if it also has its own separate entrance.

That should not be a problem, as long as the granny flat consists of "rooms forming a coherent unit and intended for permanent residential purposes in residential buildings," "which enable the running of a household (own lockable access, room, kitchen/kitchenette and bathroom/WC)."

I think that is even a requirement for the definition of a granny flat.

ha, we are currently dealing with a similar question.. I find it kind of crazy that there is really nothing to be found about granny flats... We are currently trying to find out whether a proper lockable apartment door in a granny flat may open into the hallway of a main house, like the red door, if it also has its own separate entrance. It can’t be the case that something like this is nowhere described, we are . We have seen many variations where there was a passage through a utility room or a vestibule - I wonder what the difference is there.

A rental does not have to be proven to the KFW.

However, this does not equate to an exemption from §264 StGB (which, by the way, takes into account whether a possible accomplice takes suitable measures within their power to prevent the attempted fraud). A "DIN submeter" is not of the slightest interest to the public prosecutor. What is relevant is whether the funds are used with the intent not to fulfill the funding purpose.

However, this is not equivalent to an exemption from §264 StGB (which, by the way, takes into account whether a possible accomplice uses the appropriate means at his disposal to thwart the attempted fraud). A "DIN Unterzähler" is of no interest to the public prosecutor whatsoever. What is relevant is whether the means are obtained with the intent of not fulfilling the funding purpose.

Where does it say in the KFW requirements that you have to rent out? That does not appear anywhere. Therefore, if all the formal requirements for the granny flat are met, §264 does not apply either.

Where in the KFW requirements does it say that you have to rent out?

A second residential unit regularly serves a second party for use as living space. As the name residential unit already suggests, it is not intended for personal use in the "professional sphere." The assumption – especially in a country where many inhabitants are Gojim – that this is obviously a Sabbath apartment for the residents of the first residential unit clearly misses the reality of life ;-) Even the dumbest "trainee magistrate" in Schilda would be stunned if you told him, with a loyal puppy-dog look, that the funding purpose of creating living space for more than just the building owner's family had never even crossed your mind.

Your quote (not verified by me)

[B]According to KfW definition "Permanent residential purposes...of a household" [/B]

I find it somehow crazy that you can't really find anything about the granny flats...

Why even? No niche should be found to declare ancillary rooms or separate bedrooms that belong to the main apartment as a granny flat in order to use our tax money. Enough is enough: It might get accepted somewhere else somehow: I can't believe that people try to get funding at all costs. A normal residential building is planned and they want to grab subsidies by declaring the upper floor on paper as separate living space. No: they are your children's rooms, nothing more, nothing less. What will be done with them later is another matter. Period. Done. Over.

Finally, a general contractor who is honest and doesn't want to sink with one foot into the swamp of fraud just for money, only because the builder wants to make the numbers look good. When money gets tight: build 20 sqm smaller!