Brandenburg - Building in the outdoor area

  • Erstellt am 2025-01-09 12:30:04

Marslsmn

2025-01-09 12:30:04
  • #1
Hello everyone,

If there is already such a topic, I would be happy about a link, but since I found a post from 2021 that was specifically helped, I thought maybe you could also help me in my specific case:

My grandfather already divided his 2300m² plot in the 90s so that later his children/grandchildren could build there.
At some point, the city then issued a clarification statute according to which, exactly at my property, the boundary to the outer area was drawn.
It concerns plot 63/2 and also 1082, although this plot "only" represents a path to the already existing garage.

The city itself, where I first inquired, told me they see no problem with the development and, according to their argumentation and thoughts on the clarification statute, land use plan & overall appearance of the street, this should not be a problem.
However, the building authority clearly says no to buildability because only a small part of the plot is within the inner area.
What options do I have now and is it possible to persuade the building authority with any arguments? Would an assessment/opinion from the city possibly have any effect?

Here is an excerpt of the plot, the land use plan & the clarification statute. It seems to me as if they simply drew the line at the end of the path and not specifically with the thought that exactly my property (which is the last one on this street) should explicitly count as outer area.

Maybe I am just rationalizing and the matter is hopeless - therefore I am looking forward to your expertise

Thanks!


Additional info on the images:
The purple line is the standard land value boundary which is based on the clarification statute - just for visualization
Plot 1169 is not accessible from our street. It is a small garden allotment that has its entrance elsewhere. As said, my property is the last in this street full of single-family houses.
Plot 63/1 also belongs to my family but is only built with a carport. According to the city, my chances with the building authority would increase if that were built first in order to then "complete the settlement" with my plot
Plot 48 or house no. 11 is unfortunately "only" a weekend bungalow (the only one on the street) which did not help me in arguments before the building authority.
 

11ant

2025-01-09 15:08:09
  • #2
What is this building 12, the houses 7 to 11 are also located on [Grünland] (?)
 

Marslsmn

2025-01-09 16:03:09
  • #3
7-10 are houses, 11 is, as mentioned, a weekend bungalow 12 on my property is a small garden shed Green space is relative since they also count as inner area The green shading probably doesn't say anything about buildability either, but I could be wrong
 

11ant

2025-01-09 18:10:05
  • #4

But obviously measured in the cadastre, thus presumably not built illegally.

The colors do not necessarily have documentary character, but certainly have a meaning: classically pink stands for residential areas / closed settlement and green for grassland.
 

Marslsmn

2025-01-09 18:21:04
  • #5
Yes, exactly, everything there is legally built. New construction is currently also underway on one of the green-marked plots (parcel 51 / house no. 8). Ah, I see.
 

Marslsmn

2025-01-29 19:36:14
  • #6
Doesn't anyone have an idea if/how this is possible?
 

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