Buildable area - exceed

Why not simply apply for an exemption. It costs 100 Euros with us and is actually (almost) always approved by the municipal council in such cases. At the municipal council meeting where our house was discussed, someone on our street also applied for an exemption because they wanted to build their house 17% larger than allowed. There was some discussion in the room, but it was unanimously approved. For the few square meters of a garage, I WOULD not take the risk.

Even if you say that a violation of the development plan "doesn't interest anyone" where you are, it becomes interesting at the latest when you eventually have trouble with a neighbor or a bored retiree finds out about it... It's not worth it!

Exactly. Sometimes horses puke in front of the pharmacy. I saw just yesterday evening during the building inspection 100 meters from us a digger. What is it doing there? It is destroying a foundation! Well, says the neighbor, that's what happens when you don't want to listen or read. He built uphill and only piled up. The requirement from the development plan is to level out. So with a one meter height difference over 10 meters house width, 50 cm high in front, 50 cm into the hill at the back. And now? Now he has to start over again. grin. Karsten

So in our case, it would only be about the floor area ratio, not about exceeding the property boundary. According to the developer, he can build the garage but needs an exemption for claims for damages from the city or public authorities. Because the floor area ratio is exceeded with a garage measuring L 9m x W 3m (divided into 6m car garage parking space + 3m storage room). We are just concerned that if we submit such an application for approval to the municipality and it gets rejected, they will already have "caught wind" of it and may show up for inspection as a result. So in our new development area (where we are also building), there are houses with 0.0 green space, houses with too high knee walls, etc., and that has been the case for over 25 years. Regards Benkler

that if this was rejected

Then you are not allowed to do it either if it gets rejected.

Just because 75% of all drivers speed doesn't mean you have to as well. And intent is always more expensive than "by accident". You are already at provable intent here.

Apply for an exception/exemption for the 1-9sqm overrun with good arguments and good will, or ask what kind of compensation could be considered and take that route.

Anything else can only cause trouble, stress, and nerves.

We are just concerned that if we submit such an application for approval to the municipality, they will already get "wind" of it if it is rejected and may possibly show up for an inspection because of that.

So in our new development area (where we are also building) there are houses with 0.0 green space, houses with too high knee walls, etc., and that has been the case for over 25 years.

For protection of acquired rights, an illegal building would have to invoke customary law, but that only applies after 100 years. It is better to establish consent...