Dear Sir or Madam,
I am quite uncertain about where to place the garage on my plot. Could you help me? I want to make the best use of the land so that I have a large garden on the southwest side. The plot is 560 sqm (6,028 sqft) and has the parcel number 2489/2. On parcel 2489/1 there is a private road, and I am allowed to build my house on a 3 m (10 ft) building setback line from it. The house is planned to be 8.5 x 11 meters (28 x 36 ft). Additionally, I am attaching a plan of my plot. The floor area ratio is 0.25. Garage size is 30 sqm (323 sqft) plus 2 sqm (22 sqft) for bicycle storage.
Thank you in advance! I am open to all ideas.
Best regards,
DOMINIK92
I am quite uncertain about where to place the garage on my plot. Could you help me? I want to make the best use of the land so that I have a large garden on the southwest side. The plot is 560 sqm (6,028 sqft) and has the parcel number 2489/2. On parcel 2489/1 there is a private road, and I am allowed to build my house on a 3 m (10 ft) building setback line from it. The house is planned to be 8.5 x 11 meters (28 x 36 ft). Additionally, I am attaching a plan of my plot. The floor area ratio is 0.25. Garage size is 30 sqm (323 sqft) plus 2 sqm (22 sqft) for bicycle storage.
Thank you in advance! I am open to all ideas.
Best regards,
DOMINIK92
I am not familiar with the regulations in Austria, but in Germany the zoning plan can also prohibit the construction of parking spaces and garages outside the designated building areas. This is usually the case in newer zoning plans here as well.
Is access via Moosstraße possible? If exceeding the building setback lines is not permitted, I would place the garage along the southwest boundary. Although this restricts the garden on your preferred side, it creates a visual and noise barrier towards the street and might also save costs related to contributions for the private road.
Is access via Moosstraße possible? If exceeding the building setback lines is not permitted, I would place the garage along the southwest boundary. Although this restricts the garden on your preferred side, it creates a visual and noise barrier towards the street and might also save costs related to contributions for the private road.
DOMINIK92 schrieb:
Can you help me? ... You need to clarify (building authority, architect, ?) / find out which building regulations apply and, most importantly, whether there is a specific zoning plan for your area – and what requirements it sets out.
I am not familiar with Austria, but for Salzburg there is a general "Building Framework Act" (BGG) (Note: the specific zoning plan for Eugendorf takes precedence, check your municipality’s website...):
The "building setback line" is generally defined in your regional planning law – Regional Planning Act, Section 55.
In the BGG for Salzburg, Section 25 specifies the distances, for example:
(2) Unless the zoning plan defines provisions on the location of buildings on the site and unless other legal regulations require a greater distance between buildings or from the property boundaries, the following rules on building placement on the plot apply.
(3) The building setback line or building line applies for the distance from the building to the property boundary adjacent to the traffic area. Otherwise, buildings must be positioned so that their façades maintain a minimum distance from site boundaries equal to three-quarters of their height up to the highest cornice or eaves, but at least 4 m (13 feet). If the site borders areas that are unsuitable for construction due to soil conditions (such as bodies of water, slopes, etc.), this setback is reduced by half the width of these areas but not below 4 m (13 feet). The height to the highest cornice or eaves is calculated at each façade from the natural ground level. Small eaves that do not negatively impact sunlight and ventilation conditions (e.g., eaves on half-hip or shed roofs) are not considered highest eaves.
(4) Every building on the site must have a minimum distance from any other building on the site at least equal to the sum of their individual boundary setbacks as prescribed in paragraph 3. Grouped buildings as defined in Section 58(a) and combined buildings in Section 58(b) of the 2009 Regional Planning Act are regarded as a single building. This minimum distance rule does not apply to single-story ancillary structures that belong to residential buildings and serve the needs of residents.
(...)
7a) Single-story ancillary structures belonging to residential buildings and serving residents’ needs may be constructed on the site even within the lateral minimum distance or in front of the building setback line if the following conditions are met:
1.
The location of ancillary structures (for bicycles, waste bins, and recycling containers as well as garages or covered parking spaces) must not contradict any regulations according to Section 53(2) Nos. 12 or 16 of the 2009 Regional Planning Act.
2.
The distance between the outermost parts of the structure and the property boundary must be at least 2 m (6.5 feet), unless neighbors explicitly agree to a smaller distance and no other regulations require a greater setback.
3.
The side length of the ancillary structure (including roof overhangs) facing the neighboring property must not exceed 4 m (13 feet); for garages or covered parking spaces, this limit is 7 m (23 feet). Such garages or covered parking spaces may contain, subject to construction requirements, small rooms serving purposes typical for such ancillary buildings.
4.
The eaves height must not exceed 2.5 m (8 feet), and the ridge height must not exceed 4 m (13 feet). If the ridge is less than 3.5 m (11.5 feet) from the property boundary, its height must not exceed the imaginary line between the maximum allowed eaves height at the property boundary and the maximum allowed ridge height at 3.5 m distance. These restrictions do not apply if the neighbor explicitly consents. Furthermore:
5.
This provision may only be used once for the same site on the side facing the neighboring property. This applies also if one or more buildings including ancillary structures are already located at the lateral minimum distance or if, based on an exception granted under paragraph 8, further structures may be built in that area.
(...)
****
Again: This is just an example for Salzburg.
Check your own zoning plan!
And it becomes tricky with the 4 m (13 feet) building setback line in the north.
Because Section 55(1) of the Salzburg Regional Planning Act states in principle:
Building setback lines, building lines; building boundary lines; siting constraints
§ 55
(1) The building setback line is the line that aboveground buildings must not cross toward the traffic area.
(...)
Exceptions may apply in the zoning plan for Eugendorf – for example, as regulated in Section 25, No. 7a) of the BGG Salzburg, as shown above...
D
DOMINIK921 Apr 2016 09:46Thank you! So, the municipality would need to approve if I want to build the garage up to the boundary!
DOMINIK92 schrieb:
So the municipality would have to approve if I want to build the garage on the property boundary!No.
What the municipality requires can be specified in the zoning plan.
You will find the answer there.
If no specifications are made there, the law applies—in this case, for example, § 55 of the Spatial Planning Act.
If specifications are made, for example allowing construction beyond the building setback line, then the municipality has already given its consent.
In any case: this represents the municipality’s decision. The approval is then verified with the building permit. Approval is considered granted when the permit is issued.
The municipality is not a neighbor who must give consent, but the competent permitting authority.
Again: check your zoning plan and clarify which laws apply locally "above" it (BBG Salzburg?). This should also be stated in the zoning plan.
google80 schrieb:
To my knowledge, a garage can be built directly on the property boundary, and the building setback line only applies to the house. Please correct me if I’m wrong...
Isn’t that only for boundaries with neighbors, but not for the street? I have a corner lot and can’t just put my garage right on the corner so that no one can see around the corner when approaching the intersection.
Austria has different regulations, laws, etc., anyway...
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