ᐅ Building an End-Terrace House – What Technical Requirements Should Be Considered?
Created on: 4 Dec 2018 09:30
G
goalkeeper
Hello everyone,
First of all, I would like to say a friendly hello to the group. I just registered because I couldn’t find any help on Google for my question.
We are planning to apply for a corner townhouse plot in our community. However, the municipality has not hired a developer to build the houses; instead, the houses have to be constructed independently by the owners.
There is a points system for the application, where factors like the number of children, how long you have lived in the community, and so on are weighted differently.
If you join forces with other interested parties and apply together, these points are added up, increasing your chances of being allocated a building plot. At the same time, you commit to building together, meaning you also have to coordinate with a developer.
We have tried to find people from our community, where we also live, who share the same ideas for building. This turned out to be impossible, as everyone has different opinions on how to build.
Therefore, we will probably apply alone for an end townhouse. However, I am now wondering if there are any laws or regulations regarding self-managed construction of townhouses? For example, if we build two full floors with an attic and a mono-pitched roof, is it allowed for the middle house to have a gable roof and only two full floors? Or does the first person to build set the standard that the others must follow?
Please forgive me if these are beginner questions — but I am one.
Thank you for your help!
First of all, I would like to say a friendly hello to the group. I just registered because I couldn’t find any help on Google for my question.
We are planning to apply for a corner townhouse plot in our community. However, the municipality has not hired a developer to build the houses; instead, the houses have to be constructed independently by the owners.
There is a points system for the application, where factors like the number of children, how long you have lived in the community, and so on are weighted differently.
If you join forces with other interested parties and apply together, these points are added up, increasing your chances of being allocated a building plot. At the same time, you commit to building together, meaning you also have to coordinate with a developer.
We have tried to find people from our community, where we also live, who share the same ideas for building. This turned out to be impossible, as everyone has different opinions on how to build.
Therefore, we will probably apply alone for an end townhouse. However, I am now wondering if there are any laws or regulations regarding self-managed construction of townhouses? For example, if we build two full floors with an attic and a mono-pitched roof, is it allowed for the middle house to have a gable roof and only two full floors? Or does the first person to build set the standard that the others must follow?
Please forgive me if these are beginner questions — but I am one.
Thank you for your help!
Mottenhausen schrieb:
So, for plots that have already been sold, a building encumbrance with a fixed roof design might be added later, potentially making some "almost finished plans" of those who narrowly lost the approval completely obsolete? Welcome to Schildburg. Does the owner not have to agree to the registration of a building encumbrance if the encumbrance did not exist at the time of purchase? Or does this not apply if the municipality (instead of, for example, a neighbor) imposes the encumbrance?
goalkeeper schrieb:
A uniform roof design for groups of houses is secured through an easement; the roof style is determined by the first building permit / planning permission application submitted here.
Once we know the 3 or 4 row house applicants, we will try to coordinate their building projects – also in the interest of cost-effective construction. At least you can say the building authority "made an effort" here.
In practice, I see it as necessary to schedule a joint notary appointment for each row of houses, during which the building committee could also meet in an adjacent room to discuss how to formalize the easement – which then has to be incorporated into the contracts before the sale takes place; since the contracts may change accordingly, a two-week contract signing period follows to ensure all parties have timely knowledge of the content before the final appointment. Either someone who thinks even more complicatedly than I did came up with this – or no one did.
The prospective buyers would need to arrive already with preliminary drafts reflecting an understanding of eave heights and so on, so the planning can be sound and well-founded.
I recommend informing the building authority that you consent to share your identity and contact details with your co-applicants within the group of plots, to at least enable an exchange of preliminary ideas in advance.
Unfortunately, it is likely that out of your three neighbors, two will be willing to compromise while the third is "lawyer-focused."
In that case, the development plan might end up in administrative court. @Escroda: what would apply in the meantime (if I recall correctly, there are only allotment gardens next door, so nothing can be derived from the integration requirement under §34) – does the "broadest" legal building framework then apply?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
M
Mottenhausen11 Dec 2018 14:4011ant schrieb:
Unfortunately, it is probably the case that out of your three row house neighbors, two are willing to compromise, and the third is "ready to involve a lawyer."This is the crucial point! Can the buyer of an individual lot prevent or delay the construction of an entire row of townhouses because they feel disadvantaged regarding their own building rights? Or does the authority grant the building permit/planning permission to the willing parties, effectively presenting the troublemaker with a fait accompli? Whether this is legally possible is highly questionable.
Mottenhausen schrieb:
Can the buyer of a single plot prevent or delay the construction of an entire row of terraced houses? I don’t think so, meaning I don’t see that they can.Mottenhausen schrieb:
Or does the authority already grant the building permit to the "willing" party, leaving the troublemaker more or less faced with a fait accompli? The authority will issue the permit, but possibly with a development obligation that takes the troublemaker’s concerns into account. So they might prefer to wait and see if they can get this restriction overturned.https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Yosan schrieb:
Does the property owner not need to agree to the registration of an easement if the easement did not exist at the time of purchase? That is exactly right. And since a property owner can only be required to accept an easement if a corresponding burden is already recorded in the land registry, it would, in my opinion, have to proceed roughly as @11ant describes in #70. The municipality does not have any special rights here. In my view, it has forfeited its influence by failing to include the appropriate provisions in the design section of the development plan.
Mottenhausen schrieb:
Can the buyer of a single plot prevent or delay the construction of an entire row of terraced houses because they feel disadvantaged regarding their own building plans? I believe so, if the purchase contract does not include specific clauses addressing this. However, I have no idea what those might look like. I also do not see a practical way to guarantee legal certainty.
On one hand, I would advise the original poster not to buy a property there—unless they do not mind what kind of roof their house has and where it is placed on the lot. On the other hand, I am very interested to see what exactly the municipality has planned and how they will put it into practice.
G
goalkeeper12 Dec 2018 21:27We recently spoke with an architect who explained the easement issue to us as follows:
The municipality owns the plots of land and can therefore register an easement on the properties. When the property is resold, the easement is then transferred to the actual buyers, so the municipality no longer has any legal issues regarding the shared roof design.
I hope I understood this correctly.
The municipality owns the plots of land and can therefore register an easement on the properties. When the property is resold, the easement is then transferred to the actual buyers, so the municipality no longer has any legal issues regarding the shared roof design.
I hope I understood this correctly.