ᐅ Build first, then demolish?!

Created on: 22 Jul 2016 08:38
W
whitelaker
Hello dear community,

First, a bit of background: I own a plot of land that belonged to my grandmother. She has a life estate on it. The plot is 840 m² (9,042 sq ft) in size. My grandmother lives in a small house there.
We were thinking about building a house on the same plot. However, due to building regulations, it would have to be quite small. Now we are considering building a larger house with a granny flat (also known as an accessory dwelling unit), which would not meet the required minimum distances between the old and the new house. My question is: would this be possible if the planning authority knew that the old house would be demolished afterward? Demolishing the old house beforehand isn’t an option, because my grandmother obviously cannot be left homeless.

Best regards

Roger
W
Wastl
22 Jul 2016 12:33
You don’t need to maintain setback distances on the same property. Setback distances are required between two separate properties.
Even if there are two properties, you can register building encumbrances (easements) to enable construction.
Are you only allowed to build the larger house if the smaller one is demolished? (from a building regulation perspective)
If so, I would try to negotiate a deal – build the larger house first and then demolish the smaller one afterward – whether this is approved depends on your local authority.
Alternatively: consider modular construction – deliberately build a small house without setbacks next to the existing house – after your grandmother moves out, demolish it and expand the new building.
Nofret29 Jul 2016 15:59
… but that’s going to be fun for grandma – living on a construction site for 1 year… that’s really something to look forward to.