Building application for leased agricultural operation

  • Erstellt am 2020-08-13 06:55:43

Porro22

2020-08-13 06:55:43
  • #1
Hello everyone,
we submitted our building application on 17.04.20!! According to our house construction company, it is just about to be approved.
Actually, our current house is supposed to be demolished and then the new one built in the same place.
The building authority is aware that we are in an outlying area and that our business is leased out or that we do not earn our livelihood from it.
For personal/family reasons, we now want to set up our house in a different place on our approx. 2ha large farmyard area?
Are we allowed to do that? New building application? Please not. Amendment?
What is your opinion here?
Warm regards, Family Porro from North Frisia
 

Vicky Pedia

2020-08-13 18:31:17
  • #2
Building law is state law, I admittedly only know Central Germany, where a change/amendment would suffice. Just call the building regulations office and you will have the expert answer in 5 minutes.
 

ypg

2020-08-13 18:48:25
  • #3


I think an addendum is not sufficient. The positioning of the house is actually one of the most important reasons why you have to submit a building application. It must also fit with the rest of the surroundings in the open countryside.
But as already says: calling the building authority prevents speculation here. No one can know for sure.


I find this sentence rather strange in terms of content.
Since you are the ones submitting the application, the construction company actually has nothing to do with it. Therefore, they cannot know how far the application has progressed. Or do they have contacts at the building authority? Hotline available? Then the addendum might work quite quickly as well.
But you cannot avoid a new drawing in the site plan, drainage planning (and what about the soil report, which is location-specific?)
 

Escroda

2020-08-13 20:48:00
  • #4

That depends on how you or your planner have justified the legality of the reconstruction. Since you do not belong to a privileged professional group, at first glance only §35, paragraph 4, number 2, of the Building Code is applicable.
the reconstruction of a similar residential building on the same site under the following conditions: ...
Accordingly, reconstruction at a different location would not be approvable. Therefore, at least a new site plan with a new setback calculation and a good, detailed, and comprehensible justification for the compelling necessity of the changed location is required.
 

Porro22

2020-08-14 07:24:20
  • #5
Hello everyone,

first of all about ypg: that is because we already have close contact with each other through the house construction of my mother with the same construction company and they then called the building authority for us. Due to Corona, our building authority only has office hours on Tuesdays and Thursdays.

About Vicky Pedia: The construction company has already "taken the wind out of our sails" with the change of position. Where it was supposed to be, our pasture land begins, which is now "really" outside the built-up area, and not far from it there is also a nature reserve.

Still, thanks, sometimes it also helps to hear from strangers.
 

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