Single-family house with 3 children's rooms

2019-12-15 11:38:07

a registered encumbrance

That doesn't exist, does it, or did I overlook it while skimming through the posts?

Maybe @Escroda can help with his inexhaustible knowledge.

Thank you very much, but without seeing the development plan, even knowledge won't help.

Does the neighbor have a perpetual right on which they can insist to rebuild their house up to 1m from the boundary and thus impose the extra 2m distance on the OP?

Not based on planning law (development plan) alone, and from a building regulations perspective (encumbrance) there is nothing.

but I don't think there's any leeway here

Why not? After all, shifting the entire building envelope by 3m has already been suggested.

2019-12-15 11:58:03

They don’t exist, do they, or did I overlook them while quickly skimming through the posts?

So if there is no encumbrance and the neighbor’s house is demolished, then it would be obvious that the original poster can widen their building window, right? Is there anything against it? Or in other words: Can they demand it?

Learning question: If I demolish my house, which has a non-conforming use right on the boundary, do I immediately lose the right to build again on the boundary?

2019-12-15 12:23:12

Is there anything against it?

Yes, the development plan. But with a good justification from the architect, an exemption should be approvable.

Or in other words: Can he demand it?

No. He wants to violate applicable planning law. Whether the rejection of an exemption application is lawful can only be decided by a court. The decisive factor is the justification by the draftsman. He must find the right words that must be tailored to the specific situation on site.

do I immediately lose the right to build again on the boundary?

That depends on the federal state. In Hesse, "the reconstruction of a similar building in the same place" is permitted, in NRW, "a building similar in cubature" can be approved.

2019-12-15 13:16:14

Hello,

thank you very much for the additional information! I have attached the development plans. I noticed that the first version of the development plan (1979) provided a more generous building envelope. However, the current version (from 1984) has restricted the building envelope.

Does this now increase our chances or does it decrease them?

I have marked our property with a heart.

2019-12-15 13:27:44

Yes, the development plan. But with a good justification from the architect, an exemption should be approvable.

Does this now increase our chances or decrease them?

I don't think we can assess that better than you on site. Just a gut feeling, I would guess that you have very good chances to widen your building plot. So I would definitely ask. Small plan with justification – preferably in a direct conversation, if no categorical "no" comes, just submit the building application. The worst that can happen is that you have to resubmit parts of the application, lose some time and spend a few euros. We also submitted a building inquiry and paid an extra 3500 euros for it. It was worth it to us. Whether it is worth it to you, only you can know.

I marked our plot with a heart.

cute.

By the way, a staircase as an aside:

Yes, you have to accept some changes. But I'll just say: nice children's rooms, right?

2019-12-15 14:09:27

I don’t think we can assess this better than you on site. Just based on a feeling, I would guess that you would have very good chances to widen your construction site. So I would definitely ask. A small plan with justification - preferably in a direct conversation, if there is no categorical “no,” just submit the building application. The worst that can happen is that you have to resubmit parts of the application, lose some time, and spend a few euros. We also submitted a preliminary building inquiry and paid an extra 3500 euros for it. It was worth it to us. Whether it is the same for you, only you can know.

cute.

Here’s a staggered floorplan just by the way: [ATTACH alt="staffel-EG.jpg"]40896[/ATTACH] [ATTACH alt="staffel-OG.jpg"]40895[/ATTACH] [ATTACH alt="staffel-ansicht1.jpg"]40894[/ATTACH] [ATTACH alt="staffel-ansicht2.jpg"]40893[/ATTACH]

Yes, you have to accept some changes there. But I’ll just say: nice children’s rooms, right?

Wow, that looks pretty good. The upper floor is ideal, and the parents’ area on the ground floor wouldn’t bother us now. The only thing is the office upstairs is suboptimal; then you’d possibly have to install thicker walls and a good door so that I have peace there. But I could live with that.

Can your program also provide the dimensions of the interior walls by any chance? It’s hard to estimate how big the rooms on the ground floor are like this.

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Single-family house with 3 children's rooms

Escroda

kaho674

Escroda

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kaho674

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