ᐅ Plot subdivision – House sale and building a new house on a different plot

Created on: 30 Jun 2024 17:35
F
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:

Site plan of a building plot with red boundary lines and approximate dimensions 34m x 28m.


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
S
Schorsch_baut
8 Jul 2024 13:52
It might be possible to register the land charges on the new plot if the area is intended to be used only as a garden. However, the question remains: who would buy a house without land, and how will the building authority view the floor area ratio resulting from the plot’s shape, which is equivalent to full surface sealing? Looking at the surroundings, it seems that there has been little concern about this issue in the past. Therefore: a building inquiry is recommended.