Building application for a developed plot in the outer area

  • Erstellt am 2020-08-18 16:46:13

Pinkiponk

2020-08-20 08:56:51
  • #1
Have you ever spoken with the mayor of the town? Usually, they are happy about new voters and community members.

To me, it doesn't sound so hopeless after I found the following:

"The initial construction of a residential building in the Außenbereich is exceptionally only permissible if the building does not impair so-called public interests and the project property is developed, meaning supply lines and connection to the public road network are present."

"A land use plan does not change the planning law category affiliation. This is because it has purely internal administrative significance. No third-party legal claims arise from the land use plan. However, it should be noted, and this should be especially of interest for your further considerations, that a land use plan is a preparatory land use plan of the municipality that roughly represents the intended usage plans for this part of the municipal area. This means it basically depicts the type of land use arising from the urban development intended by the municipality for the municipal area according to the foreseeable needs of the municipality. On its basis, the binding land use plan – the development plan – is to be developed. The same would also apply to a project-related development plan.

Against this background, you should definitely first seek a conversation with the municipality."
 

nordanney

2020-08-20 09:10:05
  • #2

First of all, the following constructions are possible:
(1) In the outer area, a project is only permissible if public interests do not oppose it, sufficient development is secured, and if it
1. serves an agricultural or forestry operation and only occupies a subordinate part of the operating area,
2. serves a horticultural production operation,
3. serves public supply with electricity, gas, telecommunications services, heating, and water, wastewater management, or a location-bound commercial operation,
4. due to its special requirements on the surroundings, due to its adverse effects on the surroundings, or due to its special purpose is only to be carried out in the outer area, unless it concerns the construction, alteration, or expansion of a structural facility for animal husbandry, which does not fall under the scope of number 1 and is subject to an obligation to carry out a location-specific or general preliminary examination or an environmental impact assessment according to the Environmental Impact Assessment Act, whereby for cumulative projects those animal husbandry facilities that are located on the same operating or construction site and are connected with common operational or structural facilities are to be considered for assuming a close connection,
5. serves the research, development, or use of wind or water energy,
6. serves the energetic use of biomass within the framework of an operation under number 1 or 2 or an operation under number 4 that runs animal husbandry as well as the connection of such facilities to the public supply network, under the following conditions: a) the project is in a spatial-functional connection with the operation, b) the biomass predominantly comes from the operation or predominantly from this and from nearby operations according to numbers 1, 2, or 4, insofar as the latter runs animal husbandry, c) only one facility is operated per farmstead or operating site and d) the capacity of a plant for biogas production does not exceed 2.3 million standard cubic meters of biogas per year, the firing heat output of other facilities does not exceed 2.0 megawatts,
7. serves the research, development, or use of nuclear energy for peaceful purposes or the disposal of radioactive waste, with the exception of the new construction of plants for the splitting of nuclear fuels for commercial electricity generation, or
8. serves the use of solar radiation energy in, on and at roof and exterior wall surfaces of permissibly used buildings if the system is structurally subordinate to the building.


In addition, the following applies:
An impairment of public interests exists in particular if the project
1. contradicts the representations of the land use plan,



One can build on this. The only problem is that—as long as the municipality even has interest in dedicating resources to a single construction project—it means that the original poster can begin building around 2023. Before that, the development plan will not be passed anyway, as otherwise it would be of no interest to anyone. At least, I have never heard of a development plan being prepared for just a single residential building.
 

Grillhendl

2020-08-20 11:08:19
  • #3
Why does an individual house need a development plan? Back then, the requirement was to adapt it to be "regionally typical and in harmony with the surroundings."

A change to the land use plan takes a long time because various expert reports have to be made, then it is publicly displayed again, other neighboring municipalities are involved, etc.

In our city, this is done approximately every 5-10 years, and then EVERYONE can come by and submit their application. I was lucky that the amendment was in progress and I was able to "sneak in" with my property AFTER the application deadline. And even though it was approved by all authorities and posted in the official announcements, I believe the amendment still hasn’t gone through today. The district office told me it would be easier for me to build with a special permit. And I don’t know right now whether my property is still classified as an external area or if I have meanwhile been officially incorporated...
 

11ant

2020-08-20 11:22:18
  • #4
One way or another, I think it's good that you don't just have to leave a field or a forest plot fallow, and someone comes along with a stamp saying "now you can build your house there." Rheinische Fruchtfolge just heard as a bedtime prayer belongs in the category of pipe dreams and should also remain there in a constitutional state.
 

Kit.Traverse

2020-08-23 15:53:50
  • #5
Hi, we will also be building outdoors. Just get in touch with the mayor.
 

nordanney

2020-08-23 15:57:03
  • #6
But then you probably did not build in the outer area. Otherwise, anyone could simply buy a potato field for 2.5€/sqm and build their house there. Building regionally typical like in the next village, which is one kilometer away, is absolutely no problem. You probably mean a 34 zoning area within a locality. That is possible without a development plan as well, if you orient yourself on the surrounding buildings.
 

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