The building authority does not approve the extension

Hello everyone,

we are currently in the process of buying an older semi-detached house (from the 1930s, 95 sqm) and want to renovate it and enlarge it at the same time. For us (a couple with 2 small girls) it is simply too small. In the area, there are only semi-detached houses and in recent years many of them have had an extension added (partly on the side, partly at the back). In total, probably every fourth semi-detached house has an extension. There is no development plan.

We assumed that we could also put an extension at the back of our future house, but the building authority does not want that. The situation is that all semi-detached houses on our street are aligned in a row, only our semi-detached house is set back almost an entire house depth (due to the somewhat narrower shape of the plot at the front). The building authority refuses the extension with the verbal reasoning that since we are already standing further back, we cannot build even further back.

We were advised to build an extension on the side, but there we have only about 5 meters to the property boundary. For an extension that is worthwhile (3-4 meters wide), we would therefore need the neighbor's approval. However, for several reasons this is not a nice solution; besides the required approval, the layout would no longer really fit and it would no longer be possible to access the back of the house with (construction) vehicles.

Therefore my questions: Can the building authority simply reject the extension at the back of the house? Even though many others in the area also have one at the back? Since there is no development plan: what exactly does our proposal violate? Does the building authority not have to justify a rejection with legal paragraphs?

We have another appointment at the building authority next week and it would be great if we had some information by then...

Only if you submit a formal application (or an architect or similar), must a rejection also be justified. Legal recourse is then available. However, you will need a lawyer for that.

only our semi-detached house is set back almost a whole house depth to the rear (due to the slightly narrower plot shape in the front area).

I read it as if the entire semi-detached house is positioned further back than the others. Is the width reduction in the plot also referring to your side, and what about an extension at the neighbor’s (does he have/want one)?

It is definitely advisable to delegate the appointment with the building authorities to the architect after he has familiarized himself with the situation. He can prepare his arguments and then negotiate on "equal footing" with the authorities. The private builder, who appears more or less unprepared and with little background knowledge, will rather be brushed off

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Thank you very much for the answers! If I understand correctly, we should approach this with an architect. It's just really awful that we have to plan an extension that, according to current information, will not be approved... If it really isn’t approved, we will redesign the side extension... And that costs money. Not to mention the lawyer...

Yes, the whole semi-detached house (both "parts") is set further back. Our half of the plot has the normal width, the other half's plot is noticeably narrower at the front. Because of this, everything was set further back until the other semi-detached house half reached the sufficient width.

What I forgot to mention: The other half of the semi-detached house already has a side extension, but they also had no neighbors to consider since a stream borders the property directly... But I can already see it coming: Our neighbors will refuse permission for the extension and we won't be allowed to build at all :-(

To make it clear once again: the architect is not planning an extension - he is initially examining the construction and planning law possibilities that are available to you in your case. He is only commissioned by you for this at first. If there is an approvable solution that suits you, you can then commission him with the further approval and execution planning. So don’t speculate or guess too much, but invest in expert advice. Building on an existing property is always more complicated than a new build in a development area with a development plan.

Building in existing structures is always more complicated than new construction in a development area with a development plan.

Yes, we had to realize that too. But I believe a "de facto building boundary" exists only in Germany...