ᐅ Property Boundary – Building Close to It – Is Permission Required?

Created on: 26 Jan 2018 18:20
S
Specki
Hello,

Some friends of mine want to build on a relatively small plot of land. It will be a house with a granny flat (accessory apartment) for the parents. However, the plot is so small that they cannot comply with the required minimum distance of 3m (10 feet) from the property line.

Who do I need to ask if I want to build closer to the property boundary?

Is a written permission from the neighbor sufficient?
Do I need a permit from the local authority (building permit / planning permission)?

Maybe someone knows and can give me a quick answer.

Thanks!

Regards,
Specki
S
Specki
27 Jan 2018 06:54
ypg schrieb:
You or your friend?
A couple of friends. I don’t understand why I should ask this question for others when it actually concerns me...
In other threads here, it’s clear that I already own a house...
But anyway.

Hmm, I don’t have all the exact details.
I only know that the plot is very small and currently has the parents’ house on it, which doesn’t have a central heating system or similar.
Since one parent now requires care, the house is supposed to be demolished and a larger house with a granny flat (secondary dwelling) built on the plot.
My friend just told me that the plot is probably too small for the bigger house, and they are now considering buying a strip of land, about 1 to 2 meters (3 to 6 feet) wide, from the neighboring plot (developed building land). However, this will be quite difficult because the neighbor is reluctant to sell and the price will be very high.
That’s why I thought I’d ask here if there might be another option and, if so, what that could look like.

Regards
Specki
A
Alex85
27 Jan 2018 07:01
Specki schrieb:
For the approval from the building authority?
What can be expected?

There are two possibilities.
First, you buy the required strip of land. This will involve costs in the form of the purchase price, as well as expenses for subdividing the neighbor’s property and merging it with your friends’ land (surveyor, notary, land registry), plus property transfer tax.
Second, registering an easement. For this, the neighbor will expect compensation, and there will also be associated legal costs (surveyor, notary, land registry).

In both cases, the neighbor has to agree. No one can force them.
And if they want 1 million euros for the strip, then they want 1 million euros.

But realistically, both options usually cost a few thousand euros.
S
Specki
27 Jan 2018 07:08
Alex85 schrieb:
Two options.
First, purchasing the required strip of land. This will involve costs for the purchase price, as well as expenses for subdividing the neighboring property and merging it with your friends’ land (surveyor, notary, land registry), plus property transfer tax.
Second, registering an easement. The neighbor will expect some compensation for this, and there will also be legal fees involved (surveyor, notary, land registry).

Option 1 will be significantly more expensive and quite complicated.
Option 2 is preferred. The hope is that the neighbor will not ask for much or anything at all, since it is just building land that they probably intend to sell at some point.
A
Alex85
27 Jan 2018 07:16
Specki schrieb:
Option 2 is being considered. The hope is that the neighbor will ask for nothing or very little, since it is just building land that he probably wants to sell someday.

This option reduces the value of his property. The easement will be registered in the land registry. Any prospective buyer will take this into account, and banks providing mortgage financing will also consider it in their property valuation.

This right essentially means, for example, if a 2m (6.5 feet) strip is encumbered, the neighbor must keep 3m (9.8 feet) for themselves plus the 2m (6.5 feet) registered as an easement. This restricts the buildable area on the neighbor’s land (whether significantly or not depends on the size of the plot ;-)).

I consider it unrealistic that this would be granted free of charge, especially if the land is undeveloped and he intends to sell it.
S
Specki
27 Jan 2018 07:18
Ok, interesting. Thanks for the information.

Now I need to start a separate thread about this for my own issue, as questions have come up here that concern me.

Regards
Specki
Y
ypg
27 Jan 2018 09:16
Specki schrieb:
...I don’t understand why I should ask this question for others when it’s actually meant for me...

Exactly, I don’t get it either 🙂
Look at your choice of words: the “he” and “I” kind of merge in your statements.

It would be best if your friend signs up here personally.

Setting aside the issue with the plot of land, I have other concerns that could potentially hinder this construction project.
However, I won’t mention them now, since you’re just a spokesperson and not the direct person involved.