Purchase of a building plot planned

Hello,

for the construction of a single-family house, we have found an interesting plot of land that we plan to buy. According to the exposé, it is developed and 1100 sqm in size (about 21m x 40m). We have requested an excerpt from the register of encumbrances and the land register, but it is not yet available. It can be built on like the neighboring buildings.

We have asked ourselves the following questions. It would be great if you could support us with your advice.

There is a well on the plot, the diameter of the hole is about 15 cm, where the house is supposed to stand later. Are any measures necessary here, or is such a small hole irrelevant?

In front of the plot there is a bus stop (4 buses a day). Do you see any disadvantages there? We plan to plant a hedge so that only the driveway to the garage remains open.

The biggest problem: there is an old garage and an old small house on the plot. I have already spoken to a demolition company. The costs are manageable. However, the house on our plot is connected to the house on the neighboring plot. There is a continuous plaster layer. Could this cause problems for us? According to the exposé, demolition is possible. Can I trust this, or should I consult an expert in our interest?

The basic rule states that a house must have a 3 m distance from the property boundary on all sides. If the neighbor has built the house up to the boundary, do we still have to maintain 3 m to the boundary, or does the distance increase, for example to 6 m?

Is a soil investigation possible even if we are not yet owners?

Thank you very much for your help and best regards.

It is to be built like the neighboring development.

So there is no development plan?

Can this cause us problems?

Yes, therefore prepare extensive existing condition documentation as evidence preservation.

If the neighbor has now built the house up to the boundary, do we still have to maintain 3 m to the boundary or does the distance increase, for example to 6 m?

Either you build again adjacently or you must maintain at least 6 m distance. In exceptional cases, a deviation according to §67 SächsBO is possible. The building permit authority decides on a case-by-case basis.

Is a building ground investigation possible even if we are not yet the owners?

Yes, if the owner agrees.

So there is no development plan?

I'm not sure, I will ask about it today.

Yes, therefore create extensive documentation of the existing condition as proof.

Could you please explain this point a bit more precisely? How exactly could this cause problems for me?

Either you build again or you must maintain at least a 6m distance.

Does anyone know why this is the case? As far as I understand, it is about fire protection. The flames should not spread to a neighboring house. Why would I then be allowed to build directly adjacent? These arguments could help me for an exception.

Thanks!

To what extent can it cause problems for me exactly?

If the houses are built attached to each other, the separation is not so simple and something might break that shouldn’t break. And the neighbor could then claim that something broke because of the demolition that was already broken before. And that would be the beginning of a wonderful neighborhood.

Does anyone know why that is?

SächsBO
§ 6 Distance areas, distances
(1) Distance areas from above-ground buildings must be kept clear in front of the outer walls of buildings. Sentence 1 applies accordingly to other facilities that have effects like buildings, with regard to buildings and property boundaries. A distance area is not required in front of outer walls built on property boundaries if building on the boundary is required or permitted according to planning regulations.
From an urban planning (i.e., planning law) perspective, there is the possibility to allow not only detached houses but also semi-detached or terraced houses. In your case, they obviously wanted semi-detached houses. If there are also detached houses around, an exception could be considered. However, if you only want a 3m distance to the boundary, you must – at least in NRW – build a fire protection wall, i.e., a wall without openings.

: great, thank you very much for your efforts.

I have another question: The real estate agent said during the inspection of the property that the house fronts should be roughly aligned (this is how the requirement concerning the neighboring buildings should be understood). Does this necessarily have to be the front of the house, or can the front of the garage also be taken into account? One idea we have is to build a large double garage that aligns with the house fronts and set the house back a bit. Or should I rather ask the authorities about something like this?

Sounds like development according to §34 of the Building Code, i.e., without a development plan. The decisive factor here is the immediate surroundings. What is understood by immediate surroundings varies from one caseworker to another, so a discussion with the building permit authority is certainly helpful, especially since clarification is needed anyway due to the construction method. Regarding "a line," one speaks of actual building boundaries or building lines. If the entire street block is built in one line with exactly 5m distance from the street boundary, one can assume an actual building line on which construction must take place. If the buildings are, for example, between 3m and 6m from the street, the imagined 3m parallel line is an actual building boundary up to which building is permitted. The same applies to the rear building lines. Whether garages or ancillary structures must be taken into account is legally disputed, as they can also be permitted outside the buildable areas even in development plans.