Separate apartments in a residential unit

Hello everyone,

we are currently planning our house. We already have a 700 sqm plot of land. According to the development plan, a single-family house or a semi-detached house with a maximum of two residential units may be built on the plot. So far, we had planned 2 identical semi-detached houses. Each with a ground floor, first floor + finished attic. That would be about 170 sqm of living space per side. We would live in one half ourselves and rent out the other half. By the way, subdivision of the plots would not be possible according to the development plan (minimum plot size).

Those are the framework conditions. Now the other day I had an idea and I would like to know from you whether this could work or if I’m on the wrong track:

As mentioned, a maximum of two residential units are allowed. But can anyone forbid me from renting out one residential unit to several parties? I had the idea to design the floor plan of the other semi-detached half so that it can be lived in/rented either completely as a classic semi-detached house or as separate residential units (e.g., 3-room apartment on the ground floor, 3-room apartment on the first floor, 1.5-room apartment in the attic).

I would hope for the following advantages:
- Distributed risk of rental defaults through three tenants instead of one
- Adult children could eventually move into one of the small apartments
- When the children have left the house, my wife and I could move into a small apartment.

We have already played through the floor plan and that would be no problem at all. We also already have a solution for the ancillary costs (electricity, heating, etc.). I am just uncertain about the requirements in the development plan. I understand that you cannot give me legal advice but I would appreciate a brief assessment from you. Could the authorities cause problems with this? Of course, there would then possibly also be 4 mailboxes and 4 doorbells on the house.

So, what do you think.

A - Sure! That’s possible. You’re building 2 semi-detached houses. How many people you rent them to is your business. The important thing is that it is recognized as only two residential units during the building approval.

B - No way! The authorities are not naive. Even if everything goes well at the building approval, it will eventually come to light and cause trouble.

Best regards and thanks in advance!

PS: Two parking spaces per residential unit are required. We can manage four parking spaces.

You don't need to be a lawyer to answer the question:

separate residential units (e.g. 3-room apartment on the ground floor, 3-room apartment on the upper floor, 1.5-room apartment in the attic)

Anyone who can count counts three residential units here plus yours makes four. Two are allowed, so two too many.

Quite clearly B. 2 residential units are 2 residential units and not 3. As soon as more people live there, you have more noise, waste, sewage, etc. This stands out in a residential area where everyone adheres to the development plan. Besides, the residents register with the authorities, so they only need to check there. Most likely, however, it will be the neighbors who complain about you. The whole thing is also a matter of fire protection, insurance, and emergencies of all kinds. What do you tell the police if you are illegally renting out too much and suddenly instead of 2 families 3 have to be rescued? In doubt, you pay everything because it is forbidden. Aside from that, new construction for rental is not profitable or cost-covering. If you don’t know where to put the money, this might be a way not to lose it through inflation or the like. If you have to borrow it, it’s complete nonsense.

As already mentioned, a maximum of two residential units are allowed

separate residential units (e.g., 3-room apartment on the ground floor, 3-room apartment on the upper floor, 1.5-room apartment in the attic) could be inhabited/rented out.

Find the mistake.

PS: Two parking spaces are mandatory per residential unit. We can manage four parking spaces.

Where will you build the eight parking spaces?

But you can probably rent it out to a shared flat.

if this question may have been asked before

Asked before *ROTFL* ... I would rather say, a Frequently Asked Running Gag ... You made my Day :)