rear lot

Rear-facing lot - A rear-facing lot is a parcel of land that does not directly border a public road but is located behind a front-facing lot. Access to the public road is provided via a driveway, a right of way, or an emergency access right across the front-facing lot. Rear-facing properties require special treatment under building regulations and for valuation purposes.

Development and Buildability

A rear-facing property is only buildable if development is secured-that is, there must be legally guaranteed access to a public road and to utility lines. This is typically achieved through a real servitude (right of way, right of passage, and right of utility lines) registered in the land registry or a right of way under Section 917 of the German Civil Code (BGB). The width of the access road must be sufficient-for residential development, building codes generally require a minimum of 3.00-3.50 m to allow access for emergency vehicles.

In addition to the access road, utility connections (drinking water, sewage, electricity, and gas if applicable) must also be ensured. If the utility lines are not already laid along the access road, significant connection costs will arise, which must be calculated before the purchase. If the route of the utility lines is unclear, we recommend obtaining information from the responsible utility provider (municipal utilities, network operator) before purchasing.

Impact on Property Value

Properties located at the rear of a block regularly command 15-30% lower land prices on the market than comparable properties at the front of a block. The reasons: limited accessibility, dependence on right-of-way, reduced privacy due to the shared access road, and often more challenging development (setback requirements, sunlight exposure). At the same time, rear-facing properties offer advantages: less street noise, often larger lot sizes, and a quiet residential location.

When determining value, appraisers use the lower standard land value and factor in individual adjustments for the quality of the right of way, the width of the access road, and the location of utility lines. Anyone looking to sell a rear-facing property should compile all documents regarding the right of way and development-this simplifies the appraisal and provides buyers with the necessary assurance.

Practical Tip for Buyers in Nuremberg

We recommend that prospective buyers of rear-access properties in the Nuremberg metropolitan area clarify three points before purchasing: First - is a right of way registered in the land registry, and is it wide enough for vehicles and emergency services? Second - are utility lines (water, sewer, electricity) located in the access path, or do they need to be relocated first? Third - does a preliminary building permit application confirm that the property is buildable?

Especially in established neighborhoods like Thon, Buchenbühl, or Eibach, there are many rear-access properties that, upon careful review, can be attractive and quiet building lots. In Erlangen and Fürth, there are similar situations in older residential areas. We review the land registry status for our clients and, if necessary, coordinate a preliminary building permit inquiry with the Nuremberg City Planning Office.

Frequently Asked Questions

Can I buy a rear-facing property without a right of way?

Technically yes, but without a secured right of way, the property is not buildable and hardly usable. Without an easement, the only option is the statutory right of way (§ 917 BGB), which, however, must be enforced in court and requires compensation to be paid to the front-facing property owner. We strongly advise securing the right of way before purchasing.

Is the front-facing property owner required to maintain the access path?

The maintenance obligation is determined by the agreement in the easement contract. It is often agreed that the rear property owner bears the costs or that both parties share the costs. If no such provision exists, the beneficiary (rear property owner) must maintain the path in proper condition at their own expense (Section 1020 of the German Civil Code).

Is the property tax lower for a rear-facing property?

Property tax is based on the assessed value and the municipality’s tax rate-the property’s rear-facing location only affects this indirectly, namely through the lower standard land value or a lower land value figure. In practice, rear-facing properties often pay less property tax than front-facing properties of the same size, but the difference is moderate.

Can I have the right of way retroactively entered in the land register?

Yes, if the front and rear property owners agree. The easement is notarized and entered in the land registry. The costs for the notary and the land registry office depend on the value of the right of way. We recommend having the exact conditions-width, burden-bearing, regulations for utility rights-formulated completely and precisely to avoid future disputes.

Right of Way as a Solution - and Its Limits

If there is no voluntarily granted easement, Section 917 of the German Civil Code (BGB) applies: The owner of a property lacking the necessary connection to a public road may demand that neighbors tolerate a right of way-but must pay reasonable compensation in return. The right of way does not arise automatically but must be enforced in court in the event of a dispute. It offers no planning security and may be viewed problematically by banks when assessing mortgage eligibility. Anyone purchasing a rear-facing property and seeking financing should ensure that the right of way is secured in rem in the land register and is not based solely on the right of way.

Zoning Plan and Setback Requirements

Even if the right of way is secured, the buildability of the rear-facing property must be examined separately. Zoning plans may impose special restrictions on rear-facing properties or prohibit development altogether. The Bavarian Building Code (BayBO) stipulates that setback areas must be located entirely on the property itself-in cases of limited space on rear-facing properties, this can significantly restrict the buildable area. A preliminary building inquiry with the city planning office is therefore strongly recommended before making a purchase decision.

Financing and Bank Appraisal

When granting loans, banks assess rear-facing properties more conservatively than front-facing ones. The decisive factors are whether the right of way is secured in the land registry and whether there is sufficient access width. Access based solely on a right of way for emergency purposes generally results in a lower loan-to-value ratio or rejection. Anyone wishing to finance a rear-facing property should inform banks of the property’s situation early on and have all documents-land registry extract, site plan, and approval for registration of the easement-ready. An independent financing broker can help find the right financial institution.

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