Union building obligation on building plot

  • Erstellt am 2014-12-04 22:57:26

sirhc

2014-12-04 22:57:26
  • #1
Evening,

I’m new here and of course ended up here because I have one or two questions. :)

Recently, I bought a small building plot, the last one in a dead-end street of a residential area where all the other building plots have been developed for years/decades. This is the last building plot; the very last plot (triangular shape) is, according to the development plan, not building land and according to the responsible authority will never become one.

The owner of this garden land has now contacted me and wants to enter into a joint building burden (Vereinigungsbaulast) with me. He makes it appealing by saying that I can build wider, while he can build garages on his piece. An older application was rejected because this is only approved in connection with residential development and he can only achieve this through the joint building burden, as the two plots are then apparently considered as one for building law purposes.

Basically, the plot can also be built on without the burden, otherwise I wouldn’t have bought it, but one meter more in width could possibly be tempting. At the same time, a quiet location is important to me. On the other side, the neighbor’s house is 8 meters away from the boundary, with a double garage and a utility room reaching right to the border. The one side, as mentioned, is garden land/forest that no one can/will ever use, which also has its advantages.

If I don’t agree, the other party can’t use the piece as originally intended. A garage yard next door might also not be that great. Whether I can come to terms with it or not I ultimately have to decide myself, but I would like to know what effects such a joint building burden has (it apparently seems different from a “normal” building burden).

I am also considering whether the building burden for free (quote: “It costs you nothing and you can build wider, I can then build my garages”) compared to the upgrading of the neighbor’s piece (about 5 garages can fit) is a fair deal.

The most likely thought for me is a deal in the direction of division, so that I gain more width around the house (garden use) and the house itself can become a bit wider. However, I can hardly assess that financially, hence the question which key data you need in order to possibly make an assessment. Just one building burden loses more and more value the more I think about it.

Thanks and regards
 

DG

2014-12-08 21:14:33
  • #2
Hello sirhc,

please send me a plan and a correct location designation (address and/or district, section, plot), then I can give you some information about it tomorrow during the day. It is best to also mark the planned development/extension for you and the neighbor.

Regards
Dirk Grafe
 

Similar topics
12.11.2016Rooftop terrace on garages10
30.12.2016Boundary distance building plot / forest31
14.10.2024Meaning of spatially effective garages13
16.06.2017Living in workshop / garages21
19.01.2019Garages in NRW permit-free from 2019?12
08.09.2019Reclassify building plot as recreational plot25
24.09.2019Union construction obligation for building a garage10
30.01.2021Financing - Building plot variable loan12
03.12.2023Who has to restore the height of the garages/parking space?50
08.05.2025Cost of installing garages with crane20

Oben