Hello everyone,
I admit that I am a complete beginner when it comes to (re)building planning and would appreciate any constructive advice. Here is the situation:
My parents own a former farmstead. Farming has not been carried out for at least two generations.
The building consists of a main house measuring about 10 x 15 meters (33 x 49 feet) from the 19th century and an attached barn of roughly the same size built in 1928. There are no immediate neighbors on the 25,000 sqm (6.2 acres) property, most of which is designated as green space.
Currently, the building contains 3 apartments:
Parents’ apartment in the main house upper floor.
Vacant apartment in the main house basement.
Small apartment of my brother in the barn’s attic.
The entire upper floor was basically converted into living space by my grandfather/father on their own and used to be a hayloft.
A new build in the rural/outside development zone is almost impossible (not designated as building land but “outside development area”).
Some considerations:
There should be a permanent arrangement for 3 households on the site. The layout would largely remain the same.
Before we even think about whether to renovate or demolish the main house, we would like to understand how to start a project like this at all.
We have no contact with our rather strict building authority. There are almost no documents about the house in the city’s building archive. However, the property is shown on the city’s development plan (outside development area).
- Are there legal restrictions for three households permanently living on one property where previously only my parents lived?
- Could there still be penalties or similar for the self-built apartments (we don’t want to stir up any “sleeping dogs”)?
- Would it be best to hire an architect right away and clarify everything through them (including legal matters), or can some things be prepared or handled independently?
At this point, it’s not so much about details like insulation of the old building but more about how and with what to actually begin?
As I said, I would be very grateful for any constructive thoughts!
Best regards,
Matze
I admit that I am a complete beginner when it comes to (re)building planning and would appreciate any constructive advice. Here is the situation:
My parents own a former farmstead. Farming has not been carried out for at least two generations.
The building consists of a main house measuring about 10 x 15 meters (33 x 49 feet) from the 19th century and an attached barn of roughly the same size built in 1928. There are no immediate neighbors on the 25,000 sqm (6.2 acres) property, most of which is designated as green space.
Currently, the building contains 3 apartments:
Parents’ apartment in the main house upper floor.
Vacant apartment in the main house basement.
Small apartment of my brother in the barn’s attic.
The entire upper floor was basically converted into living space by my grandfather/father on their own and used to be a hayloft.
A new build in the rural/outside development zone is almost impossible (not designated as building land but “outside development area”).
Some considerations:
There should be a permanent arrangement for 3 households on the site. The layout would largely remain the same.
Before we even think about whether to renovate or demolish the main house, we would like to understand how to start a project like this at all.
We have no contact with our rather strict building authority. There are almost no documents about the house in the city’s building archive. However, the property is shown on the city’s development plan (outside development area).
- Are there legal restrictions for three households permanently living on one property where previously only my parents lived?
- Could there still be penalties or similar for the self-built apartments (we don’t want to stir up any “sleeping dogs”)?
- Would it be best to hire an architect right away and clarify everything through them (including legal matters), or can some things be prepared or handled independently?
At this point, it’s not so much about details like insulation of the old building but more about how and with what to actually begin?
As I said, I would be very grateful for any constructive thoughts!
Best regards,
Matze
You are proceeding correctly by first clarifying your options under building and planning law in this specific situation, especially according to §35 of the Building Code (for non-developed land).
The so-called "privileged use" under §35 of the Building Code has naturally expired after two generations. Nevertheless, the authorities will generally be open to reusing the buildings for residential purposes within the family. There may, however, be specific restrictions (such as non-developed land, potential nature reserve, potential current water protection area, heritage protection, etc.). These need to be incorporated into a draft concept and initially clarified with the building authorities in a personal meeting. Generally, the authorities are cooperative when presented with a well-planned proposal.
Your project will most likely first be coordinated in principle with all involved authorities through a preliminary building inquiry. With a positive preliminary building decision, the building application can then be submitted.
Engage an architect from the outset who can demonstrate experience with building on existing structures and who is familiar with the specific challenges of such property situations. An initial consultation with the architect is also helpful, during which these issues can be addressed and possibly partially resolved.
All past expansions done by your ancestors were likely carried out without building permits, including the attic conversion. According to your description, only the ground floor apartment is officially recognized. This situation must also be officially negotiated with the authorities. Avoid attempting to mislead the authorities—this is never a long-term solution and will drain your energy. Authorities are familiar with these "sleeping dogs"; experienced officials can fairly accurately assess the situation at your property. At the latest, the architect is obligated to provide a truthful representation of the existing situation when submitting the preliminary inquiry or building application.
Furthermore, if you demolish the buildings, they will lose their existing use rights. Generally, nothing new may then be built. Whether you can moderately expand or add additional floors as part of the conversion must be negotiated with the authorities. The concept must be convincing.
The so-called "privileged use" under §35 of the Building Code has naturally expired after two generations. Nevertheless, the authorities will generally be open to reusing the buildings for residential purposes within the family. There may, however, be specific restrictions (such as non-developed land, potential nature reserve, potential current water protection area, heritage protection, etc.). These need to be incorporated into a draft concept and initially clarified with the building authorities in a personal meeting. Generally, the authorities are cooperative when presented with a well-planned proposal.
Your project will most likely first be coordinated in principle with all involved authorities through a preliminary building inquiry. With a positive preliminary building decision, the building application can then be submitted.
Engage an architect from the outset who can demonstrate experience with building on existing structures and who is familiar with the specific challenges of such property situations. An initial consultation with the architect is also helpful, during which these issues can be addressed and possibly partially resolved.
All past expansions done by your ancestors were likely carried out without building permits, including the attic conversion. According to your description, only the ground floor apartment is officially recognized. This situation must also be officially negotiated with the authorities. Avoid attempting to mislead the authorities—this is never a long-term solution and will drain your energy. Authorities are familiar with these "sleeping dogs"; experienced officials can fairly accurately assess the situation at your property. At the latest, the architect is obligated to provide a truthful representation of the existing situation when submitting the preliminary inquiry or building application.
Furthermore, if you demolish the buildings, they will lose their existing use rights. Generally, nothing new may then be built. Whether you can moderately expand or add additional floors as part of the conversion must be negotiated with the authorities. The concept must be convincing.
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