ᐅ Semi-detached house 130 sqm – This is what it will look like

So, we had our first meeting with the architect and reached the following conclusion.

Unfortunately, there is a setback on the ground floor where we are not allowed to build. We were only informed about this during the meeting, after we had already signed!

What is the term for when you are not allowed to build there because something from the neighboring property is located on that area?

We thought that maybe we could extend the upper floor there and thus have a small roof over the garden.
Or is that not permitted..?

What is it about?
New construction or existing property?
Which offset do you mean?
If possible, please upload the original plans.
Also include the site plan, plot, and orientation.
What is your question?
And then please complete the questionnaire!

lin0r87 schrieb:
What is it called when you are not allowed to build there because something from the neighboring property is on that land?

1. Building encumbrance
2. Easement
or both

lin0r87 schrieb:
Or is this not permitted..?

In case 1, it is not permitted; in case 2, you would need to check the entry approval recorded in the land register.
For further clarification, the official site plan and the zoning plan would be helpful.

Hello...
you’re right, some information is missing^^

So, this will be a new construction.

The development plan doesn’t state anything important...
Would construction above be possible with a special permit / planning permission?
Has anyone had experience with this?

I also find your post confusing. Did you mean that you have to give up your rectangular floor plan and leave out the top left corner because you are not allowed to build there?
I don’t quite understand what the exact question is either.

lin0r87 schrieb:
Would construction be possible above with a special permit?

No.

lin0r87 schrieb:
Has anyone had experience with this?

Yes. The building encumbrance affects your property. It specifically ensures that nothing can be built there, not even on upper floors. In the case of a setback easement, underground construction might still be possible.

If the neighbors do not have windows in the wall facing your property, or if there are only rooms with less critical lighting needs like a bathroom or kitchen, a waiver under Section 69 of the North Rhine-Westphalia Building Code might allow skipping the corner in your floor plan, including on the ground floor. The planner has probably already looked into this.

You would have been better off buying the other half if this bothers you that much.