Building in the garden without a development plan

Hello, my parents have a relatively large plot of land. At least big enough that another house could fit in the garden; on all sides there are neighbors. Yesterday I was at the building authority and casually asked if I could build in the garden. The answer was no, because no one has built in the second row yet. However, when she showed me the [Grundstücksplan] (is that what it’s called?), I noticed that my parents’ plot is actually three. Where my parents’ house stands, another 300 sqm in the garden, and next to the house (which is our driveway) another strip about 2.5 - 3 m wide, extending to the part in the garden. I didn’t say anything at first and wanted to find out more before saying something wrong, but is it possible that when it used to be a new development area, it was already planned that a separate house could be built in the back and that there is an access road there? She didn’t want to print the plan for me since I’m not the owner. I hope I have expressed myself clearly and I will try to provide a sketch later.

I do think that should not pose a problem to build there.

Regards

Hello,

.. at the building authority and just casually asked if I could build in the garden. They said no, because no one had built in the second row yet.

There would also easily be room for another house on my property, yet I will not receive permission for a hinterland development.

But how they gave me the site plan (is that what it’s called?)

You probably mean the cadastral extract.

... another 300 sqm in the garden and next to the house (which is our driveway) about a 2.50 - 3 m wide strip ... but is it possible that it was previously planned, when that was a new development area, that a separate house could stand back there and that there is an access road...

That will be the "normal" setback area (3.00 m) to the neighbor, where garages are usually placed on the boundary. Your parents probably developed this space as access to the rear of the house, which is generally allowed.

Incidentally, development plans can also change (if at an earlier time a second row was planned), if the building authority (BA) sees a necessity for this; nowhere is it stipulated that the original layout of a development plan must be static.

I do think that building there should not be a problem.

What you think and what the BA approves are two different things in this case. It may be that your parents did not fully utilize the building area at the time and that this "wasted" space could theoretically be used for an extension afterwards. But if the BA does not agree to an independent hinterland development, you are out of luck.

If you are thinking about wanting to change the development plan, you can expect a decision time of around 3 to 5 years; that is usually how long it takes to sue for a change of the development plan... with an uncertain outcome and lots of costs for experts and lawyers.

Kind regards