Basic floor area ratio / floor area ratio for plots without a development plan: How to calculate? Experiences?

Project-related development plans are development plans that are privately initiated. Typically, an investor wants to develop several contiguous parcels (e.g., from the industrial sector to a senior residence). Whether such plans have been created for your neighboring buildings can be viewed publicly. For your individual plot, I do not see any such plans – if it were about four times the size, it would look different. So you wait until the district (for you, the construction location is: BE) wants to establish a development plan on its own initiative, or you use §34 as a basis.

At the building authority of your district office, you can see which development plans exist there. Nowadays, they usually even have them on the website, sometimes already during the participation procedures for the establishment. Every development plan has a number and is recorded, whether initiated municipally or privately.

In my opinion, a building inquiry should also be possible without the involvement of the owner. On the other hand, you do not need to "be ashamed" towards them, as you are ultimately acquiring the property quite openly with the intention to build.

I assume that this is a building plot, meaning that it borders a public traffic area and supply and disposal lines are accessible.

Der Flächennutzungsplan hilft mir auch nicht weiter, weil die Angaben zu Grundflächenzahl und Geschossflächenzahl in dem Gebietstyp sehr doll schwanken.

You yourself write "W2", so a floor area ratio up to 1.5, the W3 area goes up to 0.8, so your floor area ratio is between 0.8 and 1.5. That fits with the standard land value 1.0. If that still matches the development on the neighboring plots by +/-10%, it doesn’t fluctuate that much anymore.

nahezu verbindlich

see

einen Bebauungsplan aufstellen zu lassen

Should not be necessary under my assumption.

Worauf beziehen sich die Fachleute vom Bauamt denn?

On the existing development.

Gibt es hier irgendeine Karte die der Öffentlichkeit nicht zugänglich ist?

No.

diese Bauvoranfrage muss ich ja dann aber schon mit dem jetzigen Eigentümer absprechen

No.

Und fallen hierbei nicht auch schon Kosten für den Architekten an, welcher die ganze Planung also schon fertig haben muss?

No. You can yourself draw a box with a Roman numeral into the cadastral map, which is supposed to depict the outlines and the number of floors of your house. Floor space index/floor area ratio calculation for that and question about permissibility - done. Unless you want even more certainty: closed/open construction method, eaves and ridge heights, roof design (shape, pitch, dormers) ...

Ist denn irgendwo festgeschrieben ab welcher Grundstücksgröße ein vorhabenbezogener Bebauungsplan genutzt werden kann?

Forget the project-related development plan! It will not be necessary and if it is, you can forget the plot anyway.

Good day everyone,

And a big thank you to everyone who is helping me here.

, thank you very much. I will now get in touch with the building authority. I was able to find the consultation hours on the website. One more question: In the urban planning department there is almost an identical text regarding information as with the building authority. What is the difference here? Or can I simply choose who to contact?

, thanks.

, good idea, thanks! Do you also know where I can find the ‘exact’ costs for such a preliminary building inquiry? I would think there must be some regulation that details what this preliminary building inquiry will cost me.

, thanks.

, thanks and it is correct that the plot borders on a public traffic area.

And with the W2 that is true, but in my opinion a fluctuation of the floor space index between 0.8 and 1.5 is much too large for a calculation. But I am on the best path to find out more.

As a general question to everyone, what determines whether a project is realized according to §34 of the Building Code or whether a project-related development plan is set up. I am still not quite clear about the difference here and when each of these comes into use.

Best regards

K. Schulz

Regarding urban planning, we don't have anything like that here. Go to the building authority. 34 is then the choice if the construction project is a bit too small for a development plan. To build one house, we say with 6 residential units, a development plan is actually too expensive. For a settlement with 4 houses and 24 residential units, it looks different. The advantage of the development plan is, of course, that if you get approval, you don't have to conform to the surroundings.

Do you also know where I can find the ‘exact’ costs for such a building preliminary request? I would think there must be some regulation that specifies in detail what this building preliminary request will cost me.

In the fee schedule of your state. Here in Saxony it says approximately: Determination according to the examination effort of the questions asked. Minimum fee: €50, maximum fee: fees of the building application; if a building application follows the building preliminary request, the fees are partially credited.

what determines whether a project is realized according to §34 Baugesetzbuch or whether a project-related development plan is drawn up.

Simply put, development plans have been drawn up for new building areas for about sixty years now. For areas with only occasional building gaps, this is not done; and new building areas are typically designated only based on demand.

The typical initiator of a development plan is the municipal council; usually when it is necessary to prevent the migration of prospective builders to neighboring towns.

Project-related development plans are the atypical case. They are, for example, initiated by an investor who wants to develop a large unsightly spot and considers an engineering office to be more creative than the building authorities. For example, because he has a vision of the buildings (and their positions relative to each other) and wants to lay out the streets around them instead of the other way around.

You with your six hundred and something square meters are a typical small-scale case; here, the saying applies: "you eat what is served."

§34 is the ragpicker, so that the undeveloped parcels of the municipality are not a legal vacuum. Its disadvantage (less legal certainty than with regulated little bits behind the decimal point) is usually outweighed by the advantage of greater freedom due to the more flexible integration requirement.

If §34 applies to your property, you should not be sad or envious or light prayer candles hoping you will soon get a development plan, but will generally do well with it.

Preliminary inquiries and permits have the same validity in both cases. A permit according to §34, here and now in hand, is in almost every case worth more than waiting for the legal effectiveness of a development plan that has yet to be initiated.