Building application "deferred". What does that mean?

: Of course I asked them. They don’t know any more than that it would be extremely unusual. In addition, they have tried countless times to contact the building inspector by phone.

: Because up to now (e.g. during the 3.5-month preliminary approval procedure/ very political, as it was not building land before) it was always said that we as builders should hold back, since different offices (nature conservation department, landscape office, etc.) had different views about the property (whether it is allowed to become building land/ a development plan is being prepared in parallel) and as little fuss as possible should be made about this piece of land. Therefore, until now we have always left contact to the project developer (=land seller and developer) and our planning office.

Of course, one should not annoy the authorities during the ongoing procedure and hinder their work. However, the situation has now changed!

But is it now designated as building land or not? Is it within a development plan [B-Plan]? Or is the process not yet complete and still completely open? Then it looks quite different......

Because until now (e.g. during the 3.5-month preliminary notification procedure/ very political, since it was not building land before) it was always said that we as builders should hold back, as different offices (nature conservation department, landscape office, etc.) had different opinions about the property (whether it can become building land/ a development plan is being worked on in parallel) and as little fuss as possible should be made about the little piece of land.

OK, that is understandable so far. But if there are now delays of up to 12 months, I would forget about this cautious maneuvering and just ask myself what is going on.

There are also quite a few things depending on this that need to be planned, not to mention that you would probably run fully into the standby fee with your possibly already arranged financing...

Hello,

We bought a plot in Hamburg in mid-June (with suspensive conditions). The purchase contract becomes legally effective if 1. the preliminary building permit is positive (expected in September) and 2. the building application is approved. We submitted the building application (simplified approval procedure) on 10.11.14. Today we learned through our engineering planning office that the building application was "put on hold" due to lack of processing capacity. According to our planning office, the authority has the right to do so. Due to the postponement, it could in the worst case mean that the processing period may be up to 12 months (far too long for us). We are a bit shocked.

Does anyone know about Hamburg building law? Could that be true?

I am not familiar with Hamburg, but I know building law quite well; what you describe does not really have anything to do with building law. I could imagine that there have been internal discussions regarding the approved preliminary building permit, since the building application – especially if it is exactly based on the preliminary building permit – should only be a formality. Here I agree with E.Curb that something is wrong; really wrong.

I strongly advise you to make an appointment at the building planning office and appear in person; preferably with the person responsible from your planning office. Discussions are easier on equal footing. Take the building file with you and see what comes of it; logically, it can only get better.

Rhenish greetings

: There is not yet a valid development plan. Neighboring development applies. The plot is still designated as green space according to the cadastre. The positive preliminary building permit issued in mid-September anticipates development in the northern part of the plot (a total of 20x85 meters / northern part: approx. 20x30 meters) with a built-up area of approx. 130 sqm (thus approved). According to verbal information, the northern part is to be designated as building land with a building frame in the development plan currently being prepared. This is also to be done for the three neighboring plots (all sold).

Since there was/still is some residual uncertainty, we have tied the purchase contract of the plot to conditions as outlined above.

/Dr. Schnaggels: Yes, I will try to reach the building inspector next Monday. He is only in the office on Mondays (part-time, retired). You are probably right that now is the time to get more clarity.

Yes, of course there is already financing. However, we have arranged the availability periods according to the tranche (5; 10, 15-year money) so that we still have quite comfortable time in my opinion. The first readiness interest for the smallest tranche (5-year money) starts at the end of January.