Secondary apartment (equal / unequal residential unit?)

Hi,

I am a bit confused about a property offer – according to the realtor and development plan, the following are permitted:

- Single-family houses
- 1 full floor
- plus "a second full floor as an attic" (§9(1) No. 1 Building Code)
- "max. two residential units per residential building (single-family house)"

However, since according to the floor area ratio, about 160 m2 per floor (!) would be allowed, we would like to divide it with a granny flat (possibly two) *and* an office – do you see a chance there, or is it definitely capped at two units for the entire property?

It is a general residential area, if that matters.

"Many" residential units would also be good, for example due to KFW funding, or am I mistaken?

Somehow I feel that the regulatory zeal seems to be particularly high there... :(

Actually, this is a completely normal development plan. Is the building plot directly in Hamburg? Building law is a state matter and would be different in NDS or SH. In Hamburg, for example, there is a second attic floor without the one below automatically becoming a full floor. I am currently building a "single-story" house there on a total of 4 levels. Basement (sloping site), ground floor, 1st attic floor, 2nd attic floor; that would not be possible in SH or NDS.

But you won't get more than 2 official residential units in there, at least for the building application and the associated Kfw funds. How you divide the interior and whether you "forget" drawn doors is up to you. If the plot is large enough, it might be possible to split it and build a semi-detached house with 4 residential units, but this must be checked for each plot.

Hi,

no, it’s not directly in Hamburg (unfortunately there are no plots for us there within the budget), but in Lower Saxony.

Your 2nd attic floor is then a mansard, or do you have the 1st attic floor as mansard and the 2nd as loft?

hmm, so the granny flat always counts as a full residential unit (according to the building plan)? Damn... The thing about '''separating''' is clear, especially the office area we definitely want to have 'separated' (although with a door from the apartment, but it is usually locked).

No attic floor, but the attic is the 2nd upper floor. I only know this regulation from Hamburg; it may exist elsewhere too, but not in Lower Saxony or Schleswig-Holstein.

Theoretically, you can build like this everywhere, but only if 2 full floors are permitted. Normally, the floor below the top one is automatically considered a full floor, even if the area calculation might suggest otherwise.

By the way, the door from your apartment to the office area would legally merge the residential units, so it would be only 1 unit. People usually build that secretly themselves; it is not allowed to be included in the building application...

well, it would have to be an apartment anyway, according to the building application :)

a semi-detached house is not possible by the way, since only detached houses are allowed (unfortunately), and on at least 900 m2 per house...

but it's all settled anyway - high-voltage power line right through the 'garden', which wasn't visible in the small photos before :( we're already electrified enough as it is...

keep looking.......