ᐅ Extension to an Existing Multi-Family House – Setback Requirements from the Property Boundary?

There isn’t an invoice yet. If anyone in the forum feels qualified to address this question, please feel free to get in touch. However, I fear that only the preliminary building inquiry will provide me with legally binding clarity. Regarding the issue of “windows in the upper floor of a new build,” I was hoping for more opinions to help me progress with the floor plan design. But, of course, the final decision rests with my colleagues at the responsible building authority.

Beyond your setback area—whether it is used with a garage or not—you should be able to enjoy views, regardless of whether they are worthwhile.

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And now for the pricing question: What is the size/length/width of this set-back area?

If there is a building extension obligation of zero; and in the worst case half the eaves height of Grandpa’s house and the same for yours, I would say. Qualified statements on such questions can be found here from @Escroda, as far as professional expertise is concerned, I have only seen "opinions" on this matter.

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Octrineddy schrieb:

as a boundary development

So, you are aiming for a real subdivision?

Octrineddy schrieb:

It’s clear that an easement would need to be registered

No. Here is a solution without an easement:

The house is quite small (9m × 10m (30 ft × 33 ft)). Whether that is sufficient depends on your requirements, which you have not detailed enough.

Octrineddy schrieb:

Grandpa hasn’t had his one for about 10 years now

And is there a permit for the change of use?

Octrineddy schrieb:

Let’s put that side issue aside for now.

You are specifically asking about the building law aspects. Planning law accounts for at least half of that.

Octrineddy schrieb:

I fear that only a binding preliminary building inquiry will bring me clarity there.

Yes. In fact, the zoning plan usually needs to be amended or partially revoked. The municipality will likely not do that. Your designer will have to come up with a creative solution with the authorities. Since neighbors’ rights are probably hardly affected, a legally not fully watertight solution might be considered.

Octrineddy schrieb:

"Windows in the upper floor new build"

… mean a 5m (16 ft) clearance in North Rhine-Westphalia. The corresponding section 30 in Lower Saxony building code is rather brief and vague. Since fire protection is not my area of expertise, I have to refrain from commenting.

Octrineddy schrieb:

How large/long/wide is this clearance area?

Sections 5-7 of the Lower Saxony Building Code. If you read those three paragraphs, you will realize this question is not easy to answer. What I consider likely is shown above (distance from the ridge 5.15m (17 ft)). But then there is also section 66 of the Lower Saxony Building Code, which might come into play due to the existing fire wall.

My advice: Build directly adjacent, possibly with an integrated garage. Anything else would waste space, as the plot isn’t that large after all.

Escroda schrieb:

So, you are aiming for a real division of the property?

That’s the plan. This issue has been discussed in a similar way before in the thread started by the pianist.

Escroda schrieb:

The house is quite small (9m * 10m [30ft * 33ft]). Whether it’s sufficient depends on too few details about your requirements.

I’m afraid the setbacks on the left side toward the street might not have been maintained; otherwise, it’s certainly worth considering. The driveway would need to be looked at. But thanks already for the creative input.

Escroda schrieb:

Yes. Basically, the zoning plan would need to be changed or partly repealed. The municipality probably won’t go for that. Your designer will have to come up with a creative solution with the authorities. Since neighbors’ rights are hardly affected, a legally not entirely secure solution might be an option.

What kind of legally not entirely secure idea do you have in mind?

Escroda schrieb:

…means 5m (16ft) of open space in NRW. Lower Saxony’s §30 is rather brief and not very specific. Since fire protection is not my area of expertise, I can’t help further.

I’ll try to get in touch with my contact at the fire department; maybe someone there has an idea…

Escroda schrieb:

Sections 5-7 of the Lower Saxony Building Code. If you read those three paragraphs, you’ll notice this question isn’t so easy to answer. What I consider likely is as shown above (setback of 5.15m (17ft) from the ridge). But then there’s also §66 of the Lower Saxony Building Code, which might apply because of the existing fire wall.

That’s why I’d actually like to talk to the building control authority face to face if possible, so I could quickly sketch some ideas or so. Right now, of course, that’s difficult, hmm.

Escroda schrieb:

My advice: Build directly adjacent, possibly with a garage integrated into the house. Everything else is a waste of space, since the plot isn’t that large anyway.

Yes, that’s probably the best solution. It might not fit my (not sufficiently detailed here) requirements at all (hello questionnaire, I guess I still need to fill you out).

Thanks so far, I know I’ve skipped some questions; I’ll look into those.