Underground garage for a multi-family house beneath a detached single-family house

Hello nirmalts,

it is quite possible that no one (except the resident of the single-family house) has the right to enter the blue property section.

However, something like this can certainly be regulated by a so-called special right of use.

If I were you, I would have the seller confirm in writing that there is a real division and that you will actually be registered in the land register as the owner of the corresponding parcel (the parcel number should be included in the confirmation).

If it does indeed become a condominium owners' association, you will also have to pay administrative costs in the future and must obtain the approval of the other owners for every important decision.

Regards,

Dirk

We are in the process of buying a detached single-family house (475m2 plot / 172m2 living space) under which there is partly an underground garage (approx. 130 m²) (see attachment). In this garage is a parking space that we are purchasing additionally. The house and the plot go to the buyer. The underground garage (except for us) is used by the multi-family house. The house and the multi-family house are currently under construction.

Now my questions:

1. Should I grant a special right of use to the multi-family house because my plot is being used for construction?
2. Is this constellation usual or is it best to stay away from it? The purchase price is 795,000€ with no room for negotiation. I have to say that the location is simply great.
3. Could I have problems with resale?
4. Could I have any legal problems in the future?
5. If one of the two buildings eventually has to be demolished, could there be problems because they are connected underground?
6. Can I use this disadvantage as a reason for price negotiation? e.g., possible noise from the underground garage, plot not usable for construction, etc.)

I am not a legal expert – so I can only answer your questions based on intuition / from reading.
1. I think an entry in the land register (GB) will be necessary to create legal certainty for both parties.
2. I have never heard of such an arrangement. Several multi-family houses often have shared garages. But single-family house and multi-family house? It is probably a matter of supply and demand in your area.
3. Yes and no. Nobody likes to see a potential plot/house encumbered like this. It also restricts the owner in terms of use. On the other hand – if demand in your area (Stuttgart area) is so high: "In an emergency, the devil eats flies."
4. Probably not with an entry in the land register. However, this would not protect you from other risks. For example, a flooded underground garage. Who bears the costs for cleaning / restoring usability? How high would your share be? If the garage floods – could this also affect your utility room or similar? Compared to a "normal" cellar, there might also be an increased risk of burglary in your cellar/house.
5. I can imagine there might be issues, whereby the demolition company would be responsible, as they must inform themselves about the prevailing conditions and act accordingly.
6. You can. Does it make sense? Well: again, it depends on supply and demand.

If you build a building on it yourself (i.e., not together with the multi-family house or with the same construction company), additional costs regarding statics, materials, etc. might arise. After all, you are building on an existing basement.

Hello,

why at all will the underground parking garage extend beneath your property? Since your pictures unfortunately are not dimensioned, I can only "estimate," but it looks to me as if the part of the multi-family house’s property is large enough to fully accommodate the necessary cellar rooms and parking spaces.

Or is it rather the case that the garage entrance also marks your driveway to the property? That would, in turn, argue in favor of this unusual solution.

1. Should I grant a special usufruct right to the multi-family house because my property is used for development?

You will even have to and want to; the path will presumably have to be encumbered with a right of way. Whether this can be done within the framework of the Condominium Act (WEG) I cannot answer, since I have not yet handled such a case myself. However, the notarial contract must state the maintenance/upkeep of the underground garage under your single-family house; respectively, who is responsible for it.

2. Is this constellation usual or better to keep away from it? Purchase price is 795,000€ with no room for negotiation. I have to say the location is simply top.

Rather not usual, but the constraints of access may result in the procedure being as offered.

3. Can I have problems with resale?

That depends on the location of the property as well as the notarial agreements. The multi-family house in front of your single-family house is not to everyone’s taste.

4. Can I get any legal problems in the future?

No, as long as everything is regulation bindingly in the notarial contract.

5. If one of the two buildings has to be demolished someday, can there be problems because they are connected under the ground?

No, it will "only" be more expensive.

6. Can I use this disadvantage as a reason for price negotiation? e.g., possible noise from the underground garage, property not usable for building, etc.)

No – why? You are free to reject the offer from which you know there is an underground garage beneath your property.

Rhineland regards

Hello f-pNo,

thank you for your detailed answer.

2. Never heard of such a regulation. Several multi-family houses often have shared garages. But single-family house and multi-family house? It is probably a matter of supply and demand in your area.

I also asked the seller why he didn’t build a second multi-family house on the property even though it would have fit easily. He said that the company wanted to build a nice single-family house and not just think about the money. Should one accept this?

If you build a building on it yourself (i.e. not together with the multi-family house or with the same construction company), additional costs for statics, materials, etc. could possibly arise. After all, it is being built on an existing basement.

The house will be built turnkey by the same construction company.

What I think is cool is the large garden.

Regards

Hello,

why at all should the underground garage extend beneath your property? Since your pictures unfortunately are not dimensioned, I can only "guess," but it looks to me as if the property part of the multi-family house is large enough to completely accommodate the required basement rooms and parking spaces.

Maybe this is clearer here.

Or is it rather the case that the garage entrance also marks your driveway to the property? That would, in turn, argue for this unusual solution.

Garage entrance is on the right side and the sidewalk on the left.

Regards

I think it's really great if at least the left half of the multi-family house with 3, 4, or 5 units(?) can greet me on the terrace at breakfast in the morning.

Either there is an extensive easement for the benefit of the multi-family house property, or it is a [WEG], for instance with the economic units single-family house (just you) and [SNR] for the majority of the garden, multi-family house (only the condominium owners) including the front garden and an economic unit [TG] (you and all other [TG] parking space owners) including the access road.

To be honest, I consider this option the most realistic.