Access to Rear Plot: Legal Situation for Building Permit

  • Erstellt am 2023-04-20 19:38:52

11ant

2023-04-21 15:48:29
  • #1

Since I know my limits better than those of the properties in question here, I offered, as an alternative to my fumbling, the hint where one can still find a known, competent respondent. In my assessment, the calculation basis is connected with the land register facts, so parcels must be combined if they are to be jointly assessed for buildability calculation. I would always combine the style with the pipe, because he brings his area into the marriage. But it was reported here that the building authority would be willing to make that trade-off, to basically overlook a paving for the pure path parcel of land, which from my point of view is equivalent to a 50% sealing. How safely they can do that legally, I find better addressed in the knowledge of (or "Dimeto") than in my speculation.
 

Scout**

2023-04-22 14:27:03
  • #2
At our house, it is also regulated "great" (in the truest sense!). According to the development plan:

-Floor area ratio = 0.4
-The entire row of terraced houses is always considered, which must comply with 0.4
-Exceptionally, the middle terraced houses may use 0.45, but the row of terraced houses as a whole may not exceed 0.4

The two corner houses have about as much land as the 5 middle terraced houses, so they only have 0.35 if the middle terraced houses all fully utilize 0.45. If the middle terraced houses do not initially use everything, a terraced house could go up to about 0.38, but would have to remove something again (for example, partially tear down a terrace) if the middle terraced houses eventually reach 0.45 through their own expansions.

If both terraced houses expand equally up to 0.4, the middle terraced houses should actually not be allowed to build any more. First come, first served... it's really confusing, and in my opinion the development plan would be overturned in this regard at the latest before the higher regional court. The building authority has been tolerant so far; however, depending on the neighbors, this ridiculous regulation could very quickly lead to garden gnome disputes.
 

Tolentino

2023-04-23 13:57:30
  • #3
Do garden gnomes count towards the floor area ratio (Gartenzwergzahl)? scnr. Something similar was feared by us (my neighbor and me) as well. But Escroda informed us back then that in §34 areas there is no official floor area ratio, but the measure of predominant development is used here as well. So they estimate what an average floor area ratio in the neighborhood could be, and then it depends on the estimation accuracy and tolerance of the employee. Honestly, I believe it was never properly measured or checked here; there are several plots that are built up to an extent where I would estimate a floor area ratio of 0.4-0.5. There are no plots with very low development to balance this out. Therefore, for the original poster it is important to know whether a development plan applies or §34.
 

11ant

2023-04-23 17:12:16
  • #4

In rural areas it is called the pig area ratio and only applies to pigsties, while chicken and rabbit hutches are not taken into account ;-)
 

markusla

2023-04-24 14:24:27
  • #5
As explained in the initial post, there is a very current, valid development plan. Next Wednesday we have an appointment with the responsible building authority officer, in the hope that he can communicate his thoughts to us more directly and better than through the detour of the architect.
 

Nida35a

2023-04-24 16:32:20
  • #6

Then make a Plan A with all your wishes,
and if that doesn't work, a Plan B with what absolutely must be done, and also start thinking about C and D.
It’s best to have examples ready where your Plan A or B has already been realized (e.g., Musterstraße 42 is like we imagine it).
 

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