Rental of a House in an Annex: What are the Rules?

Questioner

I saw a question before about living in an outbuilding. I initially converted the outbuilding into a studio (primary elements installed), but due to budget cuts, I was no longer able to find work, so I came up with the idea of ​​living in the outbuilding and renting it out. I've also been negotiating with the municipality for two years and haven't received permission. I believe the zoning plan allows it. My home in the inner area has zoning designation W4, the outbuilding W3 (the number indicates building height). Outbuilding: a detached building, or at most connected to a main building by structures other than buildings, belonging to a main building on the same building plot, such as garages, hobby rooms, workspaces for home-based professions, storage units, and pet enclosures. Dwelling: a main building with associated extensions or outbuildings, intended for the housing of a single household. Main building: a building that, by its nature, function, construction, or dimensions, or in view of its zoning, can be considered the most important structure on a building plot. Residential purposes Purpose description 1. The lands designated on the map for Residential Purposes (W) are intended for residential use, including associated yards, gardens, access and rear paths, and parking facilities on site. 2. Building regulations 2. Only the following may be built on these lands for the purpose of the designated use: a on the site of the grounds with a height indication of more than 3.00 meters: 1. main buildings; 2. extensions or outbuildings and ancillary buildings; 3. structures, other than buildings; b. at the site of the lands designated W3: 1. extensions and outbuildings 2. structures, other than buildings; The zoning plan does not specify how many houses may be built on the plot. Can you help me?

Lawyer

I understand from the introduction to your question that the entire plot is designated for residential purposes and that the individual buildings have a building designation (W4 and W3). The building designation refers to the maximum building dimensions. But in principle, it does not specify the permitted use of the buildings in question. The permitted use is stated in the purpose description. This is residential. This does not limit the number of dwellings. The building regulations probably include a restriction or maximum number of homes per building plot. If you have any further questions, please let me know.

Lawyer

You indicate that the land on which the outbuilding is located is designated W 3. Buildings designated W3 may not be used for (independent living) purposes, as no main buildings are permitted, and only main buildings are permitted to house a single household. Therefore, the outbuilding may not be rented out for residential purposes.

Lawyer

I'm afraid it's not that simple. As a rule, a building zone is also designated within which main buildings must be built. Outbuildings may be located on the other part of the plot, which is actually intended for gardens and such, but certainly not as a residence. The various zoning regulations already indicate this. So, there are probably only possibilities if no building zone has been designated. But I assume that's the case. Without a zoning plan amendment/exemption, the use of the outbuilding as a residence is therefore not permitted.