Bamboochaa
2021-04-08 15:33:35
- #1
Hello everyone,
so far I have only been a silent reader and I would be happy to receive one or two opinions on the following matter.
We have purchased plot 458 with a small dilapidated house in NRW. The plot itself is approximately 2700 sqm, the designated building area is about 430 sqm. The eastern part of the plot (in the area of plot 455) slopes steeply, ends in a river, and is basically not developable. This and the rest are designated as meadow or forest and recreational area according to the land register, but in theory could be developed. The road splits immediately before the plot and ends each in a dead end. The road in the area of plot 455 is estimated to be about 20 meters lower in elevation than the plot, so from there our plot can hardly be seen anymore. (Map material is oriented to the north). The plots 216/243/246/488 run more or less along the town boundary. There is already a large nature reserve there that still belongs to the city.
There is no valid development plan in this area.
After an initial conversation with the local building authority, the development of our plot is basically subject to §34 of the German Building Code if we want to demolish and rebuild. We were told that a new building must be oriented towards the neighboring building of plot 283. In particular, the alignment to the front of the neighboring building is decisive. If you transfer or extend the building front onto our plot, a relatively small building window results – however, this would best "fit in" (see my attachment).
To avoid exceeding the building window in the eastern direction, we would probably have to move the building closer to the road (western direction) – this would probably be approved from the authority’s point of view.
Of course, we would prefer to exceed the building area in the eastern direction. This way we could better meet the original demand of the building authority to align the building with the neighbor’s and at the same time create a sort of privacy screen to the neighbor.
They did point out, however, that outside the designated building window it could already be an external area according to §35, since it is the last plot without neighboring buildings on the southern side. Therefore, development outside the designated building area could prove difficult or impossible. They were not certain about this, though.
Due to these requirements and the local conditions (including a slight slope in the area of the building window) we have chosen two well-connected local architects and commissioned them with the first planning of a new building (160 sqm single-family house with partial/full basement), service phases 1-4.
Long story short.
Would you generally agree with the building authority that the area outside the building window could already be an external area? Both we and the architects are rather skeptical about this argument. How do you see it? Perhaps some of you have good arguments or counterarguments that could be presented in case our project is denied.
What do you think are the chances that the building authority will at least allow building in the eastern direction so that we could place our building as an extension to the neighbor’s?
Can the building authority generally extend the building window or do we need some kind of special permission here?
Many thanks to everyone in advance.
Of course, I will document the further process in the coming weeks and gladly share our initial thoughts/plans and designs with you.
so far I have only been a silent reader and I would be happy to receive one or two opinions on the following matter.
We have purchased plot 458 with a small dilapidated house in NRW. The plot itself is approximately 2700 sqm, the designated building area is about 430 sqm. The eastern part of the plot (in the area of plot 455) slopes steeply, ends in a river, and is basically not developable. This and the rest are designated as meadow or forest and recreational area according to the land register, but in theory could be developed. The road splits immediately before the plot and ends each in a dead end. The road in the area of plot 455 is estimated to be about 20 meters lower in elevation than the plot, so from there our plot can hardly be seen anymore. (Map material is oriented to the north). The plots 216/243/246/488 run more or less along the town boundary. There is already a large nature reserve there that still belongs to the city.
There is no valid development plan in this area.
After an initial conversation with the local building authority, the development of our plot is basically subject to §34 of the German Building Code if we want to demolish and rebuild. We were told that a new building must be oriented towards the neighboring building of plot 283. In particular, the alignment to the front of the neighboring building is decisive. If you transfer or extend the building front onto our plot, a relatively small building window results – however, this would best "fit in" (see my attachment).
To avoid exceeding the building window in the eastern direction, we would probably have to move the building closer to the road (western direction) – this would probably be approved from the authority’s point of view.
Of course, we would prefer to exceed the building area in the eastern direction. This way we could better meet the original demand of the building authority to align the building with the neighbor’s and at the same time create a sort of privacy screen to the neighbor.
They did point out, however, that outside the designated building window it could already be an external area according to §35, since it is the last plot without neighboring buildings on the southern side. Therefore, development outside the designated building area could prove difficult or impossible. They were not certain about this, though.
Due to these requirements and the local conditions (including a slight slope in the area of the building window) we have chosen two well-connected local architects and commissioned them with the first planning of a new building (160 sqm single-family house with partial/full basement), service phases 1-4.
Long story short.
Would you generally agree with the building authority that the area outside the building window could already be an external area? Both we and the architects are rather skeptical about this argument. How do you see it? Perhaps some of you have good arguments or counterarguments that could be presented in case our project is denied.
What do you think are the chances that the building authority will at least allow building in the eastern direction so that we could place our building as an extension to the neighbor’s?
Can the building authority generally extend the building window or do we need some kind of special permission here?
Many thanks to everyone in advance.
Of course, I will document the further process in the coming weeks and gladly share our initial thoughts/plans and designs with you.