In the third and last part, our fictitious couple Sarah and Tom come up against questions about the subsequent addition of a garage and the stupid situation of the couple separating and Tom moving out as a result.
the essentials in brief
- In the case of extensions, you must apply for a building permit again, taking into account a large number of guidelines. In principle, a garage may be built on the property line.
- What many do not know: the property owner automatically owns the property on the property. In order to clarify the property situation for unmarried couples, a detailed contract should therefore be drawn up to protect both parties.
The addition of a garage
Sarah and Tom are only missing a garage for their perfect happiness at home. You now want to realize them afterwards. It is to be built directly on the property line. But are they allowed to do that?
Legal basis for cultivation
A new building permit is usually required when adding a garage. The specific provisions of the Land Use Ordinance, the State Building Code and the Development Plan are particularly relevant from a legal point of view.
In general, various legal principles (building code, model building code, state building code, federal code, building use ordinance, development plan) must be observed during the extension.
Garages belong to the subordinate ancillary facilities. The admissibility of ancillary facilities can be restricted or excluded in the development plan. If nothing to the contrary has been specified in the development plan, garages may also be built outside the “construction window” according to the Building Utilization Ordinance (BauNVO).
Unlike other extensions, garages may also be located at the boundary of the property
However, the building regulations with regard to border distances to be observed, fire protection access roads, etc. must be observed. In the case of garages, there are exceptions to the minimum distance from the property line to be kept free from development. They may even be erected directly on the neighboring border.
Dimensions of the garage must be approved
However, Sarah and Tom should find out about the permitted height, length and the so-called base area number, the total permitted built-up proportion relative to the property area.
It is better to seek professional advice first
A large number of guidelines must also be observed with this project. Therefore, Sarah and Tom can save themselves a lot of stress by hiring an expert (eg an architect). In general, builders should, if possible, obtain the information relevant for a later extension before the start of construction, so that distances, built-up areas in total, etc. can be planned accordingly.
Property regulations for unmarried couples
Despite the dream house, the relationship of our fictional couple breaks up. It decides to separate. However, both want to keep the house under all circumstances. For Sarah it is clear that since the property belongs to her, Tom has to go. Is that legal?
If Sarah and Tom have not additionally regulated the ownership situation, real estate ownership is actually defined by the property according to the German Civil Code.
Since Sarah is the sole owner of the property in the land register, the house also belongs to her. Irrespective of the fact that Tom made a higher financial contribution to the house, he has neither a right of residence nor an entitlement to compensation.
However, a joint loan agreement must still be serviced by both parties. Should Sarah fail to earn a living as a homeowner, Tom might even have to pay the entire monthly installment on his own.
Contracts can protect unmarried couples
It is therefore advisable, especially for unmarried couples, to draw up a contract with clear and comprehensive agreements for a joint construction project. The following questions should be clarified: How much money has who invested in the construction of the property and in the purchase of the property? Are there personal contributions that should be included as compensation? What about first refusal and residence rights?
Secure entries in the land register
In addition, a corresponding supplement by entries in the land register makes sense. This could be regulated at 50% each or according to performance shares. If a partner waives the entry in the land register, he should establish a right of reclaim in the event of separation.
A notarial deed is required as soon as rights and obligations in relation to the property are also included. If there are no agreements in advance, each co-owner has the right to demand the so-called division auction, which, however, is usually associated with considerable financial losses.
The performance equalization
Since Sarah fully recognizes Tom’s achievements in building the house, she voluntarily offers him compensation. He has no choice but to accept it and move out with a heavy heart. The next woman he builds a house with will probably marry him or else have to sign a detailed contract…
Read other parts of this series
Construction planning part 3 – from extension to move-out