DG
2015-07-05 13:22:15
- #1
Hello, Bader!
In my opinion, the statement from the office is wrong. Encumbrances are always tied to a specific building project, i.e., also to an individual project. This means that your building project is definitely approvable, even if the second semi-detached house half is only built in 5 years. If necessary, for the phase in which the second half has not yet been applied for, it will be treated like a single house directly on the boundary, i.e., an additional (or alternatively to the extension obligation) setback encumbrance will be required. This will then be deleted or become obsolete when the second building application is submitted.
It would be funny otherwise. Someone loses financing, a job, or even a life partnership ... and the other has to wait 5 years with their construction until someone is found who wants to build their semi-detached half together with them.
However, simultaneous application is still advisable because individual application also entails other pitfalls. For example, a fire protection wall could then be required, and then you are at the scenario described above by the building expert, i.e., you might lose 12.5 cm of house width.
It may also be possible to build so that the entire wall is erected and the boundary is exceeded by 12.5 cm - however, this also triggers further encumbrances and usually costs. This must definitely be supervised by AR and a surveyor.
Best regards Dirk Grafe
In my opinion, the statement from the office is wrong. Encumbrances are always tied to a specific building project, i.e., also to an individual project. This means that your building project is definitely approvable, even if the second semi-detached house half is only built in 5 years. If necessary, for the phase in which the second half has not yet been applied for, it will be treated like a single house directly on the boundary, i.e., an additional (or alternatively to the extension obligation) setback encumbrance will be required. This will then be deleted or become obsolete when the second building application is submitted.
It would be funny otherwise. Someone loses financing, a job, or even a life partnership ... and the other has to wait 5 years with their construction until someone is found who wants to build their semi-detached half together with them.
However, simultaneous application is still advisable because individual application also entails other pitfalls. For example, a fire protection wall could then be required, and then you are at the scenario described above by the building expert, i.e., you might lose 12.5 cm of house width.
It may also be possible to build so that the entire wall is erected and the boundary is exceeded by 12.5 cm - however, this also triggers further encumbrances and usually costs. This must definitely be supervised by AR and a surveyor.
Best regards Dirk Grafe