Building despite residential units/multi-family house stipulated in the development plan

Hello community,

does anyone have knowledge about how it works if only 2 residential units per property are allowed in the development plan, but one wants to build a (at least) 4-family house?
I have heard that case law, as well as the law itself, does not consider the number of residential units as an integration criterion within the meaning of § 34 of the Building Code.
The volume of the house would remain the same, even with the construction of two semi-detached houses. All limits are observed, and the parking spaces would also be demonstrated by building an underground garage.

Is there a possibility to deviate from the specifications of the development plan if the above is complied with?

Does anyone have experience/knowledge?

Kind regards
Manuel

Does anyone know how it works if only 2 residential units are allowed per property according to the development plan, but one wants to build (at least) a 4-family house?

Then the development plan applies, meaning you are only allowed to build two residential units. Quite simple.

I have heard that case law, but also the law itself, does not consider the number of residential units as a criterion for integration within the meaning of § 34 of the Building Code.

§ 34 means there is no development plan. So you can forget about it.

Is there a possibility to deviate from the provisions of the development plan if the above is observed?

For a multifamily house where only 2 residential units are allowed? No, no chance.

I can only say that we would not have obtained the building permit if we had exceeded the number of residential units. This concerns not only parking spaces but also, for example, the burden on the property regarding disposal such as waste, wastewater, noise, etc., as well as the supply of residents with water, electricity, kindergarten, school, playgrounds, and so on.

But what if you want to build a (at least) 4-family house?

It is not what you want to build that applies, but what you are allowed to build.! It would be even more ridiculous if it were the other way around or if laws no longer applied just because you want to or cannot do as you please.

It is not only about parking spaces but also about the burden on the property regarding disposal such as waste, sewage, noise, etc., as well as providing residents with water, electricity, kindergarten, school, playgrounds, etc.

Exactly. .. as well as the "wear and tear" of the street, infrastructure, etc. All of this is calculated in advance.

Yes, that is calculated, but not to the decimal places. Of course, you are still not allowed to do that, it is not intended.

But the reasoning, sorry. An 8-person family can also build a detached house. Or you use electricity for 5 families because you are mining Bitcoins. Or you constantly have the parents-in-law in the guest room or 4 people visiting, all coming with their own cars and parking up the streets.
I can also take in 6 refugees from Ukraine here, who should forbid me.

It is not intended and therefore not approved, period.

It can also be a family of 8 building a single-family house.

No. The number of residents was also specified as 4. As far as I know, you can’t just take in 6 refugees or something similar. Of course, you wouldn’t have to move out if you have triplets. But basically, there was a capacity guideline in our case.