Hello,
maybe someone can help me?
Here is the situation: I want to convert the attic in an existing house that already has two apartments (grandparents and parents) and build a dormer. Since a third apartment will be created, the building then falls under building class 3. The resulting fire safety requirements are not a problem. We have also been told that the dormer would be approved.
There is only one other issue. The district office says that we are located in an outer development area. In outer development areas, no more than two dwelling units are allowed in one house. This has been shown to me in the law and apparently is correct. My question is, when exactly is an area considered outer development? Our house is situated right on the edge of a settlement with about 80 houses. The difficult part is that our property boundary toward the neighbor in the direction of the settlement is also the municipal and cadastral boundary. The land use plan covers the entire settlement exactly up to our neighbor. Unfortunately, our property lies outside the land use plan.
Are we really located in an outer development area? We always thought we belonged to the settlement. Our access road also runs through the settlement. I have attached a picture. The house marked in red is ours.
I would appreciate it if someone could help.
maybe someone can help me?
Here is the situation: I want to convert the attic in an existing house that already has two apartments (grandparents and parents) and build a dormer. Since a third apartment will be created, the building then falls under building class 3. The resulting fire safety requirements are not a problem. We have also been told that the dormer would be approved.
There is only one other issue. The district office says that we are located in an outer development area. In outer development areas, no more than two dwelling units are allowed in one house. This has been shown to me in the law and apparently is correct. My question is, when exactly is an area considered outer development? Our house is situated right on the edge of a settlement with about 80 houses. The difficult part is that our property boundary toward the neighbor in the direction of the settlement is also the municipal and cadastral boundary. The land use plan covers the entire settlement exactly up to our neighbor. Unfortunately, our property lies outside the land use plan.
Are we really located in an outer development area? We always thought we belonged to the settlement. Our access road also runs through the settlement. I have attached a picture. The house marked in red is ours.
I would appreciate it if someone could help.
Residential building class 3 involves more than just fire protection. Which federal state do you live in?
This list is certainly not complete or binding, but it provides an insight into some of the things to consider and take into account.
- What about the escape routes?
- Do you have appropriate apartment entrance doors?
- Since this is an existing building, probably no ventilation system, right?
- Structural engineer review?
- Sound insulation?
- Parking space for bicycles and strollers?
- Playground?
- Is a residential unit accessible without barriers?
This list is certainly not complete or binding, but it provides an insight into some of the things to consider and take into account.
All these fire protection requirements are already in place or can be implemented with minimal effort. This has been clarified.
We are in Bavaria. Whether building class 3 is permitted depends on whether we are in a rural area or not.
We also considered having the attic conversion officially carried out by my parents. This way, there would officially be only 2 apartments, and we would remain in building class 1.
However, I need funding from the bank to carry out all of this. For that, I also need collateral. My parents would then transfer ownership of the attic rooms to me.
But if the third apartment does not officially exist, I believe the bank will not recognize this apartment as collateral either.
We are in Bavaria. Whether building class 3 is permitted depends on whether we are in a rural area or not.
We also considered having the attic conversion officially carried out by my parents. This way, there would officially be only 2 apartments, and we would remain in building class 1.
However, I need funding from the bank to carry out all of this. For that, I also need collateral. My parents would then transfer ownership of the attic rooms to me.
But if the third apartment does not officially exist, I believe the bank will not recognize this apartment as collateral either.
Spitzbua schrieb:
We also considered having the attic conversion officially carried out by my parents. That way, there would officially only be two apartments, and the building would remain in building class 1. I don’t understand. And if Meister Eder converts the roof, will it become a TV tower?
I would strongly advise against such under-the-table arrangements. They only cause trouble. Often it’s nosy neighbors, or if you rent it out, the tax authorities. And if something goes wrong, it gets expensive.
Whether you are allowed to build three residential units is usually regulated by the zoning plan (here, unfortunately, about 90% of zoning plans exclude that) or by the building authority with certain conditions or interpretations.
If building is allowed, certain requirements must be met, as currently applies here in North Rhine-Westphalia (post above).
Spitzbua schrieb:
My only question is: when exactly is an area considered outside the built-up area?Accuracy is the surveyor’s domain, and this is precisely why the city planner decides the boundary between inside and outside the built-up area, as there are no exact criteria. There are cases where you get different answers from different officials (and even from the same official after some time has passed). From an urban planning perspective, you need to gather indications that connect your house to the rest of the settlement. Municipal boundary, cadastral boundary, and locations outside the land use plan are three strong counterarguments. If the district office states it is outside the built-up area, you will probably have no chance.
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