ᐅ Site planning for a single-family home with a double garage

Created on: 21 Feb 2019 16:57
B
Birdie84
Hi friends,

I have the following question:

How would you plan a single-family house with a basement, courtyard, and garden on this plot?

Attachment: Plan showing two plots. However, only the "left" plot is intended for building.
Planned house size: 8 x 10–11 m (26 x 33–36 ft)
Orientation: Top of the plan is north
Plot width: 12 m (39 ft)

Since the right plot on the image belongs to my parents, I would be allowed to build right up to their property line.
However, I do not necessarily want to do that and would prefer to stay about 1 m (3 ft) away from the boundary.

I look forward to your opinions and suggestions.

Best regards

Birdie
Skizze eines Grundrisses mit Maßen auf Karopapier.
Y
ypg
23 Feb 2019 12:44
Here, we and our questions are being ignored as well 🙁
B
Birdie84
26 Feb 2019 10:25
Hi,

I’m not ignoring you. On the contrary, I’m happy if you can help me with your contributions! Thank you very much for that!!

The street runs at the top of the plan (so to the north).
The measurement points are correct. The lots are slightly angled, which is why the measurement points are within the properties.
Adjacent to the lots are gardens.
The lots are located within the inner area of the municipality and can be built on.

I haven’t fully understood the setback requirements yet.
According to my acquaintance, a builder, he researched and said that the undeveloped lot would still be buildable after my construction. Corresponding agreements would just need to be recorded in the land registry.
However, here I am reading again that my parents’ lot would be worthless after my construction. Of course, I want to avoid that and therefore want to have a right to build on the entire lot registered in the land registry.

“You’d have to be a pro” 🙂

Best regards

Birdie
ganner26 Feb 2019 12:17
Hello Birdie,

Did I understand correctly that the plot of land on the right side, belonging to your parents, is not yet developed? It is still unclear whether there is a zoning plan (building permit / planning permission) for the area.

You should check the applicable setback requirements in your state or building district.

Generally, there are setback distances to be maintained between two buildings on different plots. These setbacks are usually shared equally between the respective properties. Typically, you and your parents must keep a 3m (10 feet) distance from the property boundary, which means 6m (20 feet) between the two houses.

If you only keep a 1m (3 feet) distance from the boundary, then your parents would have to take on a building lien (Baulast) on their property to cover the missing 2m (7 feet) of setback on your side. Consequently, they (or any future owner) would have to maintain a 5m (16 feet) setback from your planned house. This would make any subsequent building on your parents’ plot difficult or practically impossible.

However, you and your parents could register a so-called mutual building lien (mutual Baulast). This would allow you to build right up to the boundary, and your parents (or any future owner) would then also build on the boundary line. Of course, without windows facing the boundary. Essentially, you would each be building a semi-detached house.

These building liens are usually recorded in the building lien register, which is maintained by the local municipality.

It would also be helpful to know how the adjacent plot(s) to your left are developed and whether there is any slope on the land. Otherwise, I don’t see any reason why this plot couldn’t be developed.
B
Birdie84
5 Mar 2019 11:55
Hi Ganner,

Thank you very much for your detailed response. Really great!

Yes, the plot on the right is undeveloped. The plot to the left of the two is also undeveloped. As far as I know, there is no zoning plan from the municipality. Almost anything can be built, regardless of shape, roof style, etc.

The setback regulations only refer to the height (length) of the house, not the entire length of the plot, right? Or was I misinformed?

So, if my house is 10 m (33 feet) long, my parents would have to maintain this 2 m (6.5 feet) setback at exactly that height on their property, correct? That would most likely be their garden anyway, since their house, due to the staggered plots, would be located further north (see plan above).

Sorry, this is a bit difficult to explain.

Regarding the topic of "mutual wall-building obligations":
Thanks for bringing that up. If we have this mutual wall-building obligation registered with the notary, are we then required to build directly on the property line? That’s how I understood it at least.
Oh, and the plots are almost flat, with only a slight slope at the driveway (see plan above).

Many thanks again, and I look forward to your reply.

Best regards

Birdie
H
haydee
5 Mar 2019 12:55
I would register an additional building encumbrance and build a semi-detached house.

Here is an example from our area regarding the transfer of remaining setback areas into what will most likely become a garden.
A neighbor builds right on the boundary line. Grandma and grandpa agree. After all, it’s just the garden, and the garage, chicken coop, and storage area can remain. Years later, the grandson wants to convert the garages and build an extension on the former garden. Too bad. The neighbors do not take over the setback area on their side (their garden is at garage level). The former garden is useless because instead of a 3-meter (10 feet) setback, a 6-meter (20 feet) setback must now be maintained.

My personal opinion is that everyone must observe the setback requirements on their own property. Anything else will eventually cause dissatisfaction, whether the property becomes difficult to sell or even harder to develop.
ganner14 Mar 2019 08:03
Birdie84 schrieb:
Hi Ganner,

Thank you very much for your detailed response. Really great!

Yes, the right plot is undeveloped. The plot to the left of the two is also undeveloped.
As far as I know, there is no building plan issued by the municipality. Basically, anything can be built. Regardless of shape, roof type, etc.

Of course, you can’t just build "anything" without restrictions. However, you and your architect do have some freedom. Ultimately, everything must be approved by the responsible building authority.
In general, the construction must fit the "character of the immediate surroundings." This relates to size, usage, as well as the building style (detached or attached).
Birdie84 schrieb:
Hi
The setback areas only apply to the height (length) of the house, not the entire length of the plot, right? Or was I misinformed?

So if my house length is 10m (33 feet), my parents would have to maintain that 2m (6.5 feet) setback exactly along that length on their property, correct?
That would probably be their garden anyway because their house would stand further north (upper part of the plan) due to the staggered plots.

As far as I know, what you say is correct: it only applies along that length of the house. But to my knowledge, it’s more than 2 meters (at least 2.5 meters, depending on the federal state). This means at least 5 meters (16 feet) distance must be kept from your boundary. So your parents’ plot would be almost undevelopable under these rules. See the sketch:
Blue: house on your plot
Red: setback areas
Yellow: theoretically still possible building area on your parents’ plot.
Birdie84 schrieb:
Hi
Regarding the topic of "mutual building encumbrance":
Good that you brought this up.
If we register this mutual building encumbrance with the notary, are we then obligated to build exactly on the property line?
At least that’s how I understood it.
Oh, and the plots are almost flat. Only a slight slope at the driveway (top of the plan).

To my knowledge: yes, a building obligation is then entered for the area along the boundary where you plan your house. This means if your parents later build on their plot, they have to build attached directly along the part of the house without a setback. For the rest of their property, building with a setback is possible or required unless another mutual building encumbrance is registered for that area as well.

Hand-drawn site plan sketch with measurements and colored markings