Hello everyone,
We are building a KFW 55 house and plan to create two separate living units.
This means the ground floor and the upper floor will each form one unit. So, we would have a single-family house with a granny flat (or accessory apartment).
We recently had a meeting with the construction company, including the site manager... he made us quite uncertain because he said this would not be approved in the building permit / planning permission application as such.
Our understanding, as well as that of the bank, is as follows:
++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The definition of a granny flat (accessory apartment) is quite simple. It is considered a granny flat if
Independent household management must be possible
First of all, the rented space must actually be an apartment.
An apartment is an independent, spatially and economically separated living unit, where an independent household can be maintained without common use of other rooms in the house beyond the usual extent. This means the apartment must have, in addition to at least one room, a bathroom as well as cooking facilities.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++
We have exactly these conditions on each floor with about 70cm (28 inches) per floor, each with a bathroom/WC, kitchen, and bedroom.
The only potential point open to interpretation might be where the separation is—whether we place a door on the upper floor to separate the units or under the stairs. But even without this door, fully independent household management would still be possible.
The reason we are doing this is fairly straightforward: later for our children as independent apartments or for a parent...
Now, regarding the site manager’s concerns... as far as I remember... soundproofing / escape routes / fire safety? Are these deal-breakers for a granny flat? What does soundproofing have to do with it? If anything, this should be a matter between me, as landlord, and the respective tenant, right?
The matter is now going to the architect for final clarification.
What experiences do you have? What else can we do to clarify this properly?
Best regards and have a nice evening.
We are building a KFW 55 house and plan to create two separate living units.
This means the ground floor and the upper floor will each form one unit. So, we would have a single-family house with a granny flat (or accessory apartment).
We recently had a meeting with the construction company, including the site manager... he made us quite uncertain because he said this would not be approved in the building permit / planning permission application as such.
Our understanding, as well as that of the bank, is as follows:
++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The definition of a granny flat (accessory apartment) is quite simple. It is considered a granny flat if
- the rented apartment is part of the building that you yourself live in,
- and is located within your home.
Independent household management must be possible
First of all, the rented space must actually be an apartment.
An apartment is an independent, spatially and economically separated living unit, where an independent household can be maintained without common use of other rooms in the house beyond the usual extent. This means the apartment must have, in addition to at least one room, a bathroom as well as cooking facilities.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++
We have exactly these conditions on each floor with about 70cm (28 inches) per floor, each with a bathroom/WC, kitchen, and bedroom.
The only potential point open to interpretation might be where the separation is—whether we place a door on the upper floor to separate the units or under the stairs. But even without this door, fully independent household management would still be possible.
The reason we are doing this is fairly straightforward: later for our children as independent apartments or for a parent...
Now, regarding the site manager’s concerns... as far as I remember... soundproofing / escape routes / fire safety? Are these deal-breakers for a granny flat? What does soundproofing have to do with it? If anything, this should be a matter between me, as landlord, and the respective tenant, right?
The matter is now going to the architect for final clarification.
What experiences do you have? What else can we do to clarify this properly?
Best regards and have a nice evening.
astron schrieb:
Soundproofing / escape routes or fire protection? Are these a dealbreaker for you when it comes to a secondary apartment? What does soundproofing have to do with it?I believe the construction manager has shifted towards residential building, where, according to condominium law (WEG), the certificate of separability is linked to the specified parameters. However, this probably matters less to you since you don’t intend to create a subdivision under WEG in your single-family home with a secondary apartment.
Otherwise, since your concern is the KfW subsidy, right? Just take a look at the conditions set by your subsidy provider.
Residential units are enclosed spaces intended for permanent residential use within residential buildings, which allow the operation of a household (separate lockable entrance, rooms, kitchen or kitchenette, and bathroom/toilet).Hey Alex,
thanks for your quick reply!
I just looked up the certificate of completion...
Excerpt:
It is required if new condominiums are being built or if a rental building is being divided into (separately sellable) condominiums.
That’s exactly what we don’t want...!
As mentioned, we want to have the option later to rent out this unit (preferably to family members) AND, of course, to benefit from the respective KfW subsidy. I think that’s all legitimate!!!?!
I hope your tip regarding the condominium ownership / certificate of completion (which I had never heard of before ) is what our construction manager is a bit confused about here. But he also said right away that he might be wrong... so of course that immediately caused a lot of uncertainty for us.
Without knowing much myself (just info from the internet) and based on what our financial advisor knows from his many financing deals, we went ahead. Also, I know several houses that were approved AND built exactly on this basis! Only it was a different construction company...
But if you see it the same way... hopefully the architect does too?!
Regards!
thanks for your quick reply!
I just looked up the certificate of completion...
Excerpt:
It is required if new condominiums are being built or if a rental building is being divided into (separately sellable) condominiums.
That’s exactly what we don’t want...!
As mentioned, we want to have the option later to rent out this unit (preferably to family members) AND, of course, to benefit from the respective KfW subsidy. I think that’s all legitimate!!!?!
I hope your tip regarding the condominium ownership / certificate of completion (which I had never heard of before ) is what our construction manager is a bit confused about here. But he also said right away that he might be wrong... so of course that immediately caused a lot of uncertainty for us.
Without knowing much myself (just info from the internet) and based on what our financial advisor knows from his many financing deals, we went ahead. Also, I know several houses that were approved AND built exactly on this basis! Only it was a different construction company...
But if you see it the same way... hopefully the architect does too?!
Regards!
astron schrieb:
As mentioned, we want to have the option to rent out this unit later (preferably to family members) AND, of course, take advantage of the relevant KfW subsidies.If you want to apply for the second KfW loan, this apartment (which does not need a separate entrance) must already be equipped with a kitchen now and cannot simply be used as bedrooms for the main apartment.
You can have the wiring and pipes installed for future use -> but this is not considered a separate apartment currently eligible for funding.
You can apply for the subsidy -> but then you will not be allowed to use the 70 sqm (750 sq ft) upstairs for your own use.
Okay – but the requirement to have a kitchen is not specified anywhere. There are no regulations here, as the tenant can also bring their own kitchen! Also, there is no set date for when the rental must begin... For various reasons, it might be that suitable tenants cannot be found, or, as mentioned, we are considering our children/parents who are currently still “too young” and not yet or not fully independent in managing their own lives.
Please don’t misunderstand... I appreciate any advice!
Please don’t misunderstand... I appreciate any advice!
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