Assessment of building regulations

Thank you, Joedreck. I can make use of that. Well, the development plan allows for hinterland development, provided there are no urban planning reasons against it. I assumed that the same development plan applies in the back and accordingly the information from the building authority has some basis.

The question is how it works if the rear property is officially separated. Does the building depth from the street still apply or does Section 34 then come into effect?

Well, the development plan allows inland development, provided there are no urban planning reasons against it.

Where does it say that in the development plan? Have you already quoted it accordingly here?

The question is how it behaves if the rear property is officially separated.

That does not change the planning law.

Does the building depth from the street still apply or does Paragraph 34 then come into effect?

No one here can answer which planning law applies to you, since we neither know the property nor the mentioned plans

Baunutzungsplans in der Fassung vom 28.12.1960

Bebauungsplan XIV-A von 1971

förmlich festgestellten (f. f.) Straßen- und Baufluchtlinien

and regulations

städtebaulichen Vorschriften der Bauordnung für Berlin (Bauordnung Bln) von 1958

Do not know. Also, ’s posts contain question marks to whose clarification you have not contributed.

I have now looked at the aforementioned ordinances, plans etc. and found that these measurements are nowhere fixed in writing.

To what extent regulations from the time before the entry into force of the Building Use Ordinance 1962, especially those issued after the promulgation of the Federal Building Code in June 1960, can or must still be applied today is not so easy to answer even for experienced experts. Your statements suggest that the competent authority for the area in which your property is located has dealt intensively with the topic and has come to the named requirements.

still applies as a transferred (qualified) development plan

Where does this quote come from? Of great importance here is the word in brackets "qualified". Why was it bracketed? If the authority interprets the regulations so that a qualified development plan applies to your property, then indeed no specific eaves heights can be invented. A development plan is qualified if "it alone or together with other building law regulations contains at least provisions on the type and extent of the building use, the buildable areas of the property and the local traffic areas" (§30, para. 1 Building Code).
I therefore assume that the existing provisions only partially apply to the rear properties and the qualification only refers to the front properties. Then only a simple development plan would apply to your property, which means that the topics for which there are no provisions must be derived from §34.

Where is that stated in the development plan? Have you already quoted it accordingly here?

This is stated in the Berlin Building Regulations 1958: - The maximum building depth, measured from the street-side mandatory building line, building boundary or building setback line, is 20 m for pure and general residential areas in the open construction method - Beyond the limitation specified in no. 1, buildings or parts of buildings may be permitted if urban planning reasons do not oppose it.

In the Land Use Ordinance of 26.11.1968, which is referenced in Development Plan XIV-A 1971, it states: - (3) If a building boundary is set, buildings and parts of buildings must not exceed it. A slight protrusion of building parts may be permitted. Paragraph 2 sentence 3 applies accordingly. - (4) If a building depth is set, paragraph 3 applies accordingly. The building depth is to be determined from the actual street boundary unless otherwise specified in the development plan.

In my opinion, this contradicts the Building Regulations.

The Land Use Plan of 28.12.1960 in conjunction with exactly these two documents/regulations applies as the development plan.

That does not change anything about planning law.

No one here can tell you which planning law applies, since we know neither the property nor the mentioned plans

and regulations

.
Even ’s posts contain question marks which you have not helped to clarify.

To what extent regulations from before the entry into force of the Land Use Ordinance of 1962, especially those issued after the announcement of the Federal Building Act in June 1960, can or must still be applied today is not so easy to answer, even for experienced professionals. Your explanations suggest that the responsible authority for the area in which your property is located has dealt intensively with the subject and has found the named requirements.


Where does this quote come from? Of great importance here is the word "qualifizierter" in brackets. Why was it put in brackets? If the authority interprets the regulations so that a qualified development plan applies to your property, then indeed no specific eave heights can be invented. A development plan is qualified if "it alone or together with other building regulations contains at least stipulations regarding the type and extent of structural use, the buildable land areas and the local traffic areas" (§30, para. 1 Building Code).
I therefore suspect that the existing stipulations only partly apply to the properties behind and that the qualification only refers to the front properties. Then only a simple development plan would apply to your property, which means that issues for which there are no stipulations must be derived from §34.

I find your remark regarding the regulations from before 1962 interesting, since the staff of the building authority classify the front property according to the BNP of 1960 in connection with the Building Code of 1958 etc., but in the building permit for the house on property A reference is made to the Building Code of 1985...

The quote with the word "qualifizierter" in brackets comes from the staff of the building authority, see my first post where I quoted the email content. I do not know why the word is in brackets.
There is no concrete official development plan for the property, but rather these crude and confusing patchworks from the three regulations.
According to §30, para. 1 Building Code, I would, as a layman, classify this now as a qualified plan, since the cited stipulations can be found in the regulations. At least for the area before the 20m development boundary.

That contradicts the building regulations in my opinion..

Why exactly? At first glance I don’t see any contradictions... but it might be because of the time.