Building Code Section 13b - Construction in the Outer Area

Hello, I have a question regarding the new paragraph 13b. I have a plot of land that is designated as green space and directly borders a building plot. Is it now possible under the new §13b Building Code to convert the green space into a building site and construct a house on it?

Building plot not equal to development plan

In § 13a, to which § 13b refers, regulations for development plans in inner areas are made.

For you, § 35 of the Building Code is probably still decisive

Paragraph 13b of the Building Code states the following:

"§ 13b Incorporation of outer area plots into the accelerated procedure Until December 31, 2019, § 13a applies accordingly to development plans with a floor area within the meaning of § 13a paragraph 1 sentence 2 of less than 10,000 square meters, through which the permissibility of residential uses on areas that adjoin coherently built-up local parts is established. The procedure for the preparation of a development plan according to sentence 1 can only be formally initiated until December 31, 2019; the resolution to enact the plan according to § 10 paragraph 1 must be made by December 31, 2021."

For a single property, that says nothing at all.

§13 does not deal with development plans as such, but specifically with the applicability of the simplified procedure when drawing them up. In §13a it is then explained if and when the principles of §13 are to be applied to the case of densification. This concerns building plots that arise by splitting off rear gardens from such plots, which themselves have been continuously developed at the front ends according to §34. § 13b, in turn, explains the purpose of § 13a is also to be applied to a similar group of cases, namely to areas that, unlike in § 13a, arise not in the "core" of already developed areas, but "beside" them.

In principle, § 13b can therefore indeed cover your property. But not individually. You will regularly have to wait until the municipality intends to issue a development plan for the district in which your property is located on the basis of § 13b. If their hunger for new building land has been satisfied beforehand, they will not do this anytime soon. Alternatively, you can suggest changing the boundary of the valid area of the neighboring development plan so that your property is included as well. In practice, this requires a good relationship with the relevant authorities in the council and/or administration – including not being on bad terms with their friends.