Abnormal parking space regulation - legal action or ignore?

Hello everyone,

I am currently planning the construction of a single-family house in a municipality that has a very strict parking space regulation.

Current situation with us:
We are a family of three (2 adults, 1 child, 2 years old) and are planning to build a single-family house with just over 200 sqm of living space. We have 1 car. We plan to build a double garage that also offers parking space for two additional cars in front of the garage.

Demands of the building authority:
According to the parking space regulation (according to the building authority, no room for discussion), 3 additional parking spaces are required, thus 7 parking spaces in total! This is justified by the parking regulation which states that 1 parking space is required for every started 50 sqm of living space (thus 5 in our case) and that parking spaces in front of the garage are not recognized regardless of size (thus 7 in our case).

Conclusion:
From our point of view (and also from the construction companies we have spoken to), this is an absolutely unacceptable situation. The 4 parking spaces we are planning should be more than enough for a family of three with one car. The demand for 7 parking spaces does not seem justifiable with common sense.

Questions/further procedure:
From my point of view, there are now two possibilities for how to deal with this.
Option 1: Ignore the requirement. Submit the building application with the 7 parking spaces but simply do not build the other 3. According to the builder, "no one ever checks this afterward."
Option 2: Submit a request for an exemption as part of the building application and, if this (as expected) is rejected, involve a lawyer to enforce the right.

My question now is: How do you see this? Do you know similar situations? What would you recommend? Could it, for example, be problematic if one decides on Option 1 and then someone comes after 10 years? Would the legal dispute then possibly no longer be possible because the parking spaces are marked? In principle, I would prefer to take Option 1 first and if there are problems, take the matter to court. The worst case would be if this option no longer exists and all 7 parking spaces really have to be built. We do not want to clutter our garden with parking spaces that are never needed.

Thank you very much in advance!

Best regards
Sam[/B]

I don’t understand how you get to 7? According to the statute, you need 5. I would first check which residential floor area calculation the statute uses. So DIN or Wohnflächenverordnung. It could already be the case that you don’t have any over 200 m² -> 4 parking spaces. Designate 2 parking spaces where you do have permanently free space, but nothing is really paved. This is basically a mild form of your contractor’s variant. Or does the statute also say how the parking spaces must be constructed (paved).

I don't understand how you get 7? According to the statute, you need 5.

Normally, the spaces in front of the garage are not allowed to be counted, even if visitors etc. regularly park there in practice. And then you already have 7

I don't understand how you arrive at 7? According to the statute, you need 5. I would first check according to which method of living space calculation the statute applies. So DIN or Wohnflächenverordnung. It could be that you don't even have any over 200 m² -> 4 parking spaces. Designate 2 parking spaces where you have permanently free space, but nothing is really paved. This is basically a mild form of your builder's variant. Or does the statute also say how the parking spaces have to be designed (paved).

According to the parking space statute, we need 5. But since our garage forecourt (6m x 7.5m) is not recognized as a single one, we actually have 7 parking spaces (5 recognized, 2 not recognized). The calculation is according to WoFIV, unfortunately we are still over 200 m². Regarding the design, the statute says:

The parking spaces must be constructed with a paved surface and the technically necessary substructure, whereby in particular the access area should be designed to be as permeable to water as possible.

1. Statutes are rubbish 2. Check area calculation and, if necessary, "optimize" it (maybe there are areas that can be excluded from the calculation or similar) 3. Plan parking spaces in the actual front yard and do not build them. Parking space does not necessarily mean (check [Satzung]!) that it must be paved. You can also use grass or a rock garden.

Alright, "not being counted" is then a tendentious interpretation. They simply do not fall under the definition of the statute. Is it perhaps allowed to build the garage directly on the street? Then you could declare the saved space elsewhere as a parking space, but it would still be an open area for playing or whatever.