Authoritative Land Area MGF

Hello dear forum,

I hope it is okay if I open a new thread for this question and do not ask this under my other thread:

We have acquired a plot of land with an area of 2447m² and a floor area ratio of 0.3, and assumed that we would never exceed the floor area ratio of 0.3.
Now we have received the first calculations from the surveyor and are surprised that we are now even exceeding the permissible usage, as the relevant plot area was reduced downwards by the surveyor.

Although we are still within the permissible usage, since we exceed the area within the allowable tolerance (what German), we are certainly puzzled?

According to the surveyor, areas with planting obligations and requirements, i.e. private green spaces, are not counted towards the GFA (According to the development plan, we have a green area and a slope area marked in the development plan).
Is this correct? And if so, how are these calculated? Measured manually from the development plan?

Hello Solveigh,

§19 (3) Baunutzungsverordnung offers plenty of room for interpretation here, as what exactly "Bauland" means remains open. In NRW, it is common practice that only parts of the building plot designated as private green or traffic areas are deducted. If I interpret the development plan excerpt correctly, your entire property is designated as WA. The planting and slope area is therefore not explicitly designated as private green space. In my opinion, no deduction should be made from the actual property area, unless something else is stated in the written stipulations of the development plan. Perhaps it is handled differently in BW.

If the development plan is available digitally, the area can be displayed in the CAD program. Otherwise, the site plan is usually drawn digitally. Here, the stipulations are captured considering the geometric constraints from the analog development plan (manually with a scale ruler or digitally from the scanned plan) and constructed.