Boundary construction - hide ugly rear house wall

  • Erstellt am 2020-08-17 20:32:26

Pinky0301

2020-08-22 17:07:03
  • #1
What do you mean by that? That a tree is too narrow to cover the entire wall?
 

11ant

2020-08-23 21:10:03
  • #2

I will mark that with a question mark.
 

moHouse

2020-08-23 22:34:44
  • #3


hmm...ok. Maybe I let myself be guided too much by logical thinking. Even as a beginner, I noticed that you can't assume that.

Who defines the building envelope in the development plan? According to my understanding, the building envelope should also be recognizable as an extension in the case of an existing easement for construction..
 

11ant

2020-08-24 00:05:03
  • #4
Although there is a slight chance that the expert will disagree with me, I would say: the building envelope in the development plan is not a guarantee, i.e., the development plan issuer has not previously checked all land registry files, but with the parcel-specific building envelope (where available) only makes the statement that, according to the will of the development plan issuer, the possible location of buildings should not be restricted solely by the setback according to the respective state building code, but rather specified more precisely. Building envelopes for individual plots are generally not the norm; they are mostly found only where infill plots in an area with an old development plan or previously §34 are being replanned (as imagined lines around existing building outlines, and then translated from the actual building envelopes to the infill plots). As another case, I only know this insofar as it is to be ensured that neighboring buildings allow more "side" lighting through shifts in building lines. Apart from these two special cases, I typically see building envelopes in newly created building areas as spanning across parcels. Therefore, I consider a derivation of a negation of setback area assumptions from the building envelope drawing to be far-fetched.
 

Mickykitty

2020-08-24 14:58:57
  • #5
According to my understanding of the law, I do not share your assessment.

A development plan is an official statute.
In the hierarchy of norms, the statute ranks quite low, above it is the ordinance (Building Code NRW), above that the law (Federal Building Code).
Furthermore, the principle applies: specific law (statute) takes precedence over general law (Building Code & Federal Building Code).
Even if the statute were to contradict the ordinance (which it most likely does not), the will of the municipality (planning and approval authority) would be respected if the house is built within the building window.

In NRW, development plans with plot-specific building windows were also common for newly developed areas.
The border construction was already established when the development plan was created. It is even marked.
The building window is moreover more than 6 meters away from the border construction.
Therefore, I see no problem here.
 

moHouse

2020-09-10 12:57:15
  • #6
quick update: there are no encumbrances on the property. So we can build exactly as specified in the development plan with the building window. We have also changed our mindset in the meantime... we will not "hide" the high wall. We will integrate it into our garden design. It is part of it and makes the whole thing charming from our point of view.
 

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