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Old 30.01.2018, 15:56
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StirB StirB is offline
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Re: Looking for Architect to do Renovations

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This all sounds very familiar. We were told we could add a floor and as long as it was within 50% of the floor below we would need no permission from neighbours, community etc. (We even had drawings for the extension) Of course we would need building approval of the plans, but that goes without saying. The seller was convinced that this was in the building regulations and told us that the architect had confirmed this. We went to the architect, who wasn't sure that that was what he said and who directed us to the Gemeinde. They confirmed that we would need to get permission from the other residents in the building (Without which we would not be able to continue), plus that a notice would go out to the entire community and they could then object. We didn't believe that such a plan would ever go through unchallenged, so we pulled out, based on the fact that we were sold the property with the promise that we could extend unchallenged.
The reason why I mention this is because the property we were going to buy is opposite the one you bought and when we enquired we were told that the buildings in front could not go higher. It's an easy check, the Gemeinde will be able to tell you exactly.
Thanks Nick,

Firstly, I like the look of CSL's work, I'll give them a shout.

Perhaps it is different adding to a Mehrfamilienhaus / Terassenwohnung as you have other people in the building who could object (we had similar reservations about a property in Gruebstrasse). According to the local Baurecht, the place we bought is W2, which means it is allowed to go up to 10.1m above street level, it is currently a Gartengeschoss and Erdgeschoss, so probably about 3m into that 10.1m, so adding one more floor at 100% wohnflache is not an issue - were we to add another floor on top of that, then it might get problematic, as the GG floor is about 60% unliveable (cellar etc) and 40% liveable, so in theory it should be fine to do the 4th floor at 60% wohnflache. All theoretical at present, we were really only thinking about adding one floor.

We have been told, presumably by the only architect in the village that when applying for the planning permission, neighbours in the house opposite you mention could in theory complain, but as long as the house was within the Baurecht parameters, at worst they could slow down the build with appeals doomed to failure at significant cost to them, but ultimately your right to build under Baurecht trumps their perceived complaints.
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