ᐅ Plot subdivision – House sale and building a new house on a different plot
Created on: 30 Jun 2024 17:35
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FabianBW
Hello everyone,
I currently own and live in an old house situated on a plot of approximately 950m2 (0.23 acres) in Baden-Württemberg.
In the near future, I would like to build a new house. Due to the lack of building plots in my area, I am considering subdividing my property, selling the old house along with its portion of the land, and then building a new house on the remaining part of the plot to live in myself.
The current parcel is shown here:

In the top left is the garage and in the center, the old house. The red line indicates a tentative division. I would like to sell the left property (including house and garage) and build a house on the upper right part.
I have the following questions:
- I would like to subdivide the property in favor of the "new" plot (the right side). The setback from the property line to the old house is 2.5m (8 feet). Am I allowed to have the boundary run directly along the old house and not maintain the 2.5m setback? I would like to do this in order to have a larger garden on my "new" property. I understand that I would need to provide a corresponding compensation on my own land and that building directly on the boundary is not allowed (which I do not intend to do anyway).
- How should I proceed with this plan, and how can I find out whether it is even permitted to build another house on this plot or what restrictions apply?
Does anyone have experience with a similar situation and could possibly offer advice or tips?
I would greatly appreciate your feedback.
Best regards,
Fabian
I currently own and live in an old house situated on a plot of approximately 950m2 (0.23 acres) in Baden-Württemberg.
In the near future, I would like to build a new house. Due to the lack of building plots in my area, I am considering subdividing my property, selling the old house along with its portion of the land, and then building a new house on the remaining part of the plot to live in myself.
The current parcel is shown here:
In the top left is the garage and in the center, the old house. The red line indicates a tentative division. I would like to sell the left property (including house and garage) and build a house on the upper right part.
I have the following questions:
- I would like to subdivide the property in favor of the "new" plot (the right side). The setback from the property line to the old house is 2.5m (8 feet). Am I allowed to have the boundary run directly along the old house and not maintain the 2.5m setback? I would like to do this in order to have a larger garden on my "new" property. I understand that I would need to provide a corresponding compensation on my own land and that building directly on the boundary is not allowed (which I do not intend to do anyway).
- How should I proceed with this plan, and how can I find out whether it is even permitted to build another house on this plot or what restrictions apply?
Does anyone have experience with a similar situation and could possibly offer advice or tips?
I would greatly appreciate your feedback.
Best regards,
Fabian
FabianBW schrieb:
This is just a shed, not living space. Whether it’s a garage or a shed, it is an outbuilding—I never mentioned living quarters, and the regional building code does not have a 9-/12-meter (30/40 feet) rule for this.
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hanghaus20234 Jul 2024 11:03H
hanghaus20234 Jul 2024 11:27hanghaus2023 schrieb:
I have adjusted it according to the setback regulations of the state building code for Baden-Württemberg. Bavaria 3m (10 feet), Baden-Württemberg 2.5m (8 feet)
Thank you very much! Basically, I can imagine it like this. I will then inquire with the local authority whether building in the second row is permitted.
hanghaus2023 schrieb:
I adjusted the setback requirements according to the building regulations of Baden-Württemberg. Bavaria: 3m (10 feet), Baden-Württemberg: 2.5m (8 feet)
One more question: Would it be allowed for me to move the property boundary to the left of the old house slightly, so that I can have a somewhat larger garden on my “new” plot?
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hanghaus20238 Jul 2024 13:46FabianBW schrieb:
One more question: Would it be allowed for me to shift the property boundary on the right side of the old house slightly to the left, so that I have a somewhat larger garden on my "new" property? The state building code of Baden-Württemberg requires a minimum distance of 2.5 m (8 feet 2 inches). You can check with the building authority. However, I see no reason why you wouldn’t have to comply with this distance.