ᐅ Construction of a new building of the same type in a rural or undeveloped area
Created on: 16 Jan 2021 19:27
H
haluniuxxH
haluniuxx16 Jan 2021 19:27Hello everyone!
I hope it’s alright to trouble you with my thought process. I’m currently dealing with a building project, and only gradually becoming aware of the various pitfalls involved. First, please forgive my potentially amateurish way of expressing things—building planning and construction law are still new to me.
My grandmother owns and lives in an older Gulf farmstead in East Frisia. Recently, she mentioned the possibility that I might take over and live in the house after her passing. The house and especially the land are very important to me personally and locally, so I am quite inclined to do so.
As is common with old farmhouses, they are naturally not in good condition. This seems to be the case here, too. The barn and the original front house were built at the end of the 1920s. The residential building was later extended by about seven meters (23 feet) in length during the 1950s, and the barn was widened by about five meters (16 feet). Since then, hardly any renovations have been done.
Regarding the actual building condition, I currently have no precise information, partly due to a lack of technical knowledge; if needed, I would have this assessed professionally in due time.
At the moment, I am still loosely considering taking over the property. If that happens, though, at least a major renovation would be necessary. In particular, the upper floor has not fared well in the last decades it was unoccupied. While the layout and previous use almost entirely meet my requirements, I intend to relocate the currently internal bathroom to the upper floor, which—given the wooden beam ceiling—would likely be a substantial undertaking.
Another option might be demolishing and rebuilding—if allowed—only the front house. The barn, including its frame structure, still appears to be in reasonably good condition and might be fixed up with manageable effort—though of course this would also need assessment by an expert. Since the house is located outside the main built-up area, I have some doubts about whether a "new build" would be legally feasible under building regulations.
I would plan for a new building following the existing footprint with the same dimensions and design. My aim would be to create a future-proof construction (including the foundation) possibly at a comparable price to a major renovation. However, section 35 paragraph 4 of the German Federal Building Code (Baugesetzbuch) seems to limit the prospects of such a project, as I understand it.
Is a new build even conceivable? What conditions would have to be met—such as confirmed necessity to demolish and my prior long-term residence before beginning the project? Would it make a difference whether I inherit the house or buy it beforehand (with my grandmother retaining the right to live there for life)?
Perhaps someone can give me some guidance here. Before I delve deeper into the matter, it would be helpful to at least get answers to these questions. Ultimately, certainty would probably come from a preliminary building inquiry. Please forgive me if there is already a similar thread; I wasn’t able to find anything using the search function.
Best regards and many thanks in advance!
I hope it’s alright to trouble you with my thought process. I’m currently dealing with a building project, and only gradually becoming aware of the various pitfalls involved. First, please forgive my potentially amateurish way of expressing things—building planning and construction law are still new to me.
My grandmother owns and lives in an older Gulf farmstead in East Frisia. Recently, she mentioned the possibility that I might take over and live in the house after her passing. The house and especially the land are very important to me personally and locally, so I am quite inclined to do so.
As is common with old farmhouses, they are naturally not in good condition. This seems to be the case here, too. The barn and the original front house were built at the end of the 1920s. The residential building was later extended by about seven meters (23 feet) in length during the 1950s, and the barn was widened by about five meters (16 feet). Since then, hardly any renovations have been done.
Regarding the actual building condition, I currently have no precise information, partly due to a lack of technical knowledge; if needed, I would have this assessed professionally in due time.
At the moment, I am still loosely considering taking over the property. If that happens, though, at least a major renovation would be necessary. In particular, the upper floor has not fared well in the last decades it was unoccupied. While the layout and previous use almost entirely meet my requirements, I intend to relocate the currently internal bathroom to the upper floor, which—given the wooden beam ceiling—would likely be a substantial undertaking.
Another option might be demolishing and rebuilding—if allowed—only the front house. The barn, including its frame structure, still appears to be in reasonably good condition and might be fixed up with manageable effort—though of course this would also need assessment by an expert. Since the house is located outside the main built-up area, I have some doubts about whether a "new build" would be legally feasible under building regulations.
I would plan for a new building following the existing footprint with the same dimensions and design. My aim would be to create a future-proof construction (including the foundation) possibly at a comparable price to a major renovation. However, section 35 paragraph 4 of the German Federal Building Code (Baugesetzbuch) seems to limit the prospects of such a project, as I understand it.
Is a new build even conceivable? What conditions would have to be met—such as confirmed necessity to demolish and my prior long-term residence before beginning the project? Would it make a difference whether I inherit the house or buy it beforehand (with my grandmother retaining the right to live there for life)?
Perhaps someone can give me some guidance here. Before I delve deeper into the matter, it would be helpful to at least get answers to these questions. Ultimately, certainty would probably come from a preliminary building inquiry. Please forgive me if there is already a similar thread; I wasn’t able to find anything using the search function.
Best regards and many thanks in advance!
H
haluniuxx20 Jan 2021 17:12Hello!
Thank you very much for the quick response. It seems the only option left is to contact the local authority / district council.
Best regards
Thank you very much for the quick response. It seems the only option left is to contact the local authority / district council.
Best regards
For a precise statement, definitely! There is no really fixed procedure. What is often seen, however, is that part of the old building (I have a 50% “rule” in mind) is preserved, and based on that, a “new” structure can be built. There are also “regulations” that basically allow you to rebuild on the existing floor plan.
However, in areas outside of town or in rural zones, there are many pitfalls that make building difficult or even prohibit it (if a specific use is not permitted).
However, in areas outside of town or in rural zones, there are many pitfalls that make building difficult or even prohibit it (if a specific use is not permitted).
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