Abstract (eng)
Introduction: The "Tiny House Movement" could represent an interesting and contemporary alternative to rising land prices and rents. This is characterized in particular by a "mobile architecture". Aim of the thesis: The aim was to present the legal basis of buildings on third-party land. Here, mainly the „superaedificium“ (Superädifikat) and the „right to build“ (Baurecht) will be dealt with. The topic of "Tiny Houses" shall be included in this work by examining to what extent the different types of "Tiny Houses" (Tiny House on Foundation (THOF), Tiny House on Skids (THOS) and Tiny House on Wheels (THOW)) can be linked to the already existing legal institutes of „superaedificium“ and „right to build“. Findings: THOF meet the construction concepts of „superaedificium“ and „right to build“. THOS occupy a special position due to their construction method. On the one hand, they can be qualified as an „independent component of a property“ (selbstständiger Bestandteil einer Liegenschaft). However, on the other hand, they can also fulfill the construction definitions of a „superaedificium“ or „right to build“ and ultimately be qualified as a „superaedificum“ due to their construction - in which the lack of intention to leave the property is apparent. THOW do not fulfill the concept of the construction. In my opinion, therefore, both existing legal institutions - on the one hand the „superaedificium“ and on the other hand the „right to build“ - are open to both THOF and THOS. Both legal forms allow building on land owned by others. Since both legal institutes are based on the concept of the construction, the method of construction, in particular the type of connection to the ground, is of particular relevance. THOW, which are actually primarily associated with the Tiny House trend, are not considered in these two legal institutes.