ᐅ Definition of a Secondary Suite

Created on: 28 Feb 2017 20:05
A
astron
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:
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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.
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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.
T
toxicmolotof
28 Feb 2017 21:55
I’ll keep it brief:

What you’re planning falls under Section 264 of the Criminal Code and has already been discussed here several times.

More details can be found on Juris or Wikipedia.
A
Alex85
28 Feb 2017 22:21
Please try to provide a more detailed response instead of simply accusing the original poster of a criminal offense. For example, it would be helpful to extract from the subsidy conditions whether it is actually necessary to use the second dwelling unit as such. At least it is not immediately clear to me. Only construction-related requirements can be identified.

Unfortunately, this only provokes a reaction.
C
Caidori
28 Feb 2017 22:29
Hi,
for our second residential unit, it only needed to be a self-contained apartment within our house. Since it is located on the ground floor, we are also installing a special wall to separate the apartments, not just a regular partition wall.

We don’t have to charge rent for it, according to the bank, KfW consultant, and our tax advisor. My father will be living there now. (Once the house is finished, we will already be living in a house.)

What will happen with the apartment later remains to be seen, but I don’t think KfW strictly requires it to be rented out.
Otherwise, you might want to get advice directly from KfW.
Y
ypg
28 Feb 2017 22:29
The use, meaning renting out the second dwelling unit, is probably not required. However, from the original poster’s text, it can be inferred that the second dwelling unit is intended to be created only when the spaces on the upper floor are no longer needed for family use. Only then should the upper floor be used as an independent dwelling unit.

Therefore, this is not about providing two dwelling units simultaneously, but rather one dwelling unit with the option to create a second one.

In this respect, what is being built here is a single-family house—no more and no less.

What might be subsidized or supported in 20 years is unknown. Maybe there will be something similar to housing grants or assistance, and then one can consider to what extent remodeling or conversion would be feasible.

Best regards,
Yvonne
A
astron
28 Feb 2017 22:31
Alex85 schrieb:
....whether the use of the second residential unit as such is actually necessary

and also within what time frame a rental must take place.

Many of the sources I found explain it like this:
.Aktion-pro-Eigenheim.de/Haus/Hausbau-hauskauf/hausplanung/Einliegerwohnung-beim-Neubau-gleich-mit-einplanen.php

or also

Fördermittel-Auskunft.de/die-Einliegerwohnung-doppelte-Fördermittel

Quote:
Whether your house is intended to become a multigenerational home or if later on you need an apartment for care staff – the accessory apartment makes changes in your life easier.

And that is exactly what it is supposed to be... in the future (although I cannot say within what time frame) a multigenerational home with my children or parents... all my advisers told me this exactly – otherwise I would not have thought of it.
N
nightdancer
28 Feb 2017 22:35
The building should be treated as a two-family house, and accordingly, fire protection and sound insulation must be considered. For example, apartment entrance doors should be fire-rated T30 towards the stairwell, and so on. This has nothing to do with the certificate of separateness.