ᐅ Extension to an Existing Multi-Family House – Setback Requirements from the Property Boundary?
Created on: 4 May 2020 15:12
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OctrineddyO
Octrineddy4 May 2020 15:12Hello,
I have the opportunity to extend the existing house of my grandfather. His house is approximately 13.5 meters (44 feet) long, 9.75 meters (32 feet) wide, and 11 meters (36 feet) high. The side intended for the extension is designed as a fire wall, as the original plan was to basically add another part to the house. However, this was never realized.
What should definitely be possible is to complete this extension now, but it is too large for my needs. Additionally, I would like to have a garage.
Therefore, my plan is to build the garage as a boundary wall structure and then attach my residential building to it, which would be roughly square in shape. Moving it further away would be difficult, as the property boundary would end at some point. In my opinion, an advantage would be that the upper floor could have windows again, which may not offer a particularly nice view but would at least provide some natural light.
The development plan allows for 3 full floors. I would prefer to build a 1.5 to 2-story structure, with a height of about 7 to 8 meters (23 to 26 feet).
Are there any opinions on this, especially regarding legal building regulations? The applicable law is in Lower Saxony. I can upload pictures or plans later, I’m just on the go right now.
Thanks in advance for the input
I have the opportunity to extend the existing house of my grandfather. His house is approximately 13.5 meters (44 feet) long, 9.75 meters (32 feet) wide, and 11 meters (36 feet) high. The side intended for the extension is designed as a fire wall, as the original plan was to basically add another part to the house. However, this was never realized.
What should definitely be possible is to complete this extension now, but it is too large for my needs. Additionally, I would like to have a garage.
Therefore, my plan is to build the garage as a boundary wall structure and then attach my residential building to it, which would be roughly square in shape. Moving it further away would be difficult, as the property boundary would end at some point. In my opinion, an advantage would be that the upper floor could have windows again, which may not offer a particularly nice view but would at least provide some natural light.
The development plan allows for 3 full floors. I would prefer to build a 1.5 to 2-story structure, with a height of about 7 to 8 meters (23 to 26 feet).
Are there any opinions on this, especially regarding legal building regulations? The applicable law is in Lower Saxony. I can upload pictures or plans later, I’m just on the go right now.
Thanks in advance for the input
The multi-family house has either fully met its setback requirement on its own property, or a setback waiver should be recorded in your land registry. Alternatively, if the zoning plan indicates townhouses or semi-detached houses, both properties may have a building obligation (which, in my opinion, could not be fulfilled by a garage). There is no such thing as "undisputed" in planning law – the zoning plan may have changed since your grandfather’s house was completed.
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Octrineddy4 May 2020 15:45I am attaching the relevant information from the still legally valid development plan along with a sketch of the plot. It is clear that a building encumbrance needs to be registered, but is it even possible to have windows on the upper floor?
Octrineddy schrieb:
It’s clear that an easement [building encumbrance] would need to be registered, but is that even possible with the windows on the upper floor? Not today would need to, but back then had to— or better: should have, if we were talking about a neighboring plot. According to the plan, however, it’s apparently part of an undeveloped section of a larger property with the mentioned building. Of course, you could have that subdivided now, with a setback easement transferred or only beyond the setback area of Grandpa’s house. And that house has windows on this side, despite the extension planned at that time? In any case, the property is located in a special zone. Either your part would need to be incorporated into the adjacent residential area zone after subdivision, or I see you having to build commercial units on the ground floor.
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Octrineddy4 May 2020 16:19No, the house does not have any windows on the side, see attachment. For my new build, I would only consider having windows on the side, but it is also fine without them.
The commercial zone is naturally another “issue.” Grandfather hasn’t had his for about 10 years now, and the neighbor to the east also closed his shop years ago and converted it into residential use. I am not aware of the legal actions taken by these neighbors, but I could find out. Let’s put this side issue aside for now.
The commercial zone is naturally another “issue.” Grandfather hasn’t had his for about 10 years now, and the neighbor to the east also closed his shop years ago and converted it into residential use. I am not aware of the legal actions taken by these neighbors, but I could find out. Let’s put this side issue aside for now.
Octrineddy schrieb:
The south-facing area is, of course, another "issue," [...] Let's put this side issue aside for now.That would be counting without the host; in wartime, a side issue is called a "front."https://www.instagram.com/11antgmxde/
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