Building in the outdoor area / How to proceed?

Hello H-F community.

I am very new to the forum and will probably ask some questions that have already been discussed elsewhere. If the following questions belong to that, I would be grateful for a brief link to the respective answer. Otherwise, I hope you can help me somewhat.

The following issue:

We want to completely or partially push aside an existing residential building (from the 1950s (approx. 130m² footprint)) as well as another building used as a garage and two-story storage building (also from the 1950s and approx. 70m² footprint) in a commercial/mixed-use area located outside two towns and build a (completely) new building with a significantly changed appearance. Specifically, the old buildings have about 40-degree gable roofs and are constructed in solid construction. Insulation etc. is essentially from the 1950s. We are now considering a hip roof (2 stories) and a hip annex (single story with knee wall). Footprint approx. 200m² without garage (with garage approx. 250m² - the garage would then be part of the knee wall annex and usable as living space in the attic with knee wall). This would all take place in Bavaria. There is no development plan, but there is a land use plan! The area has a size of approx. 6000m², all adjacent plots except for the street and a plot with an area of approx. 700m² belong to us or close relatives (parents) who also live nearby. Furthermore, only one company is located on the commercial area, equipped with various halls and production buildings.

Now my questions:

1. Which regulations apply if there is no development plan?
2. Who is responsible? Municipality or district office?
3. Do I need the signature of the neighbors at all if I comply with the setback areas?
4. What is the chronological procedure if I want to obtain a building permit?

New construction in the outskirts? Take a look at §35 of the Building Code, maybe your question will be answered quickly (because it says "residential use is not possible" in there).

Easiest option:
Go to an architect and pay him to do it for you.

Alternative:
Find out what the real situation is. Is it really an outer area? Then probably a dispersed settlement. It can certainly still be within the area, even if my predecessor incorrectly interprets this with reference to the correct paragraph.
§35 para. 2 Building Code:

Other projects can be approved on a case-by-case basis if their execution or use does not impair public interests and the development is secured.

Since linking is not allowed here, I will just quote:

Permissible consolidation of a dispersed settlement

Since a building gap is being filled here, the dispersed settlement is permissibly consolidated. Such consolidation is only to be disapproved if both a negative exemplary effect is to be feared and at the same time, with the reasoning of this danger, a process of urban sprawl is initiated or already completed. However, here there is a uniformly closed dispersed settlement with 24 residential units, which is neither interrupted nor ended by the affected property. Since there are only three undeveloped properties in a comparable situation to the plaintiff’s property, there is also no risk of imitation to be considered.

Basically, there is also the possibility—if there is no development plan—that it is nonetheless considered an unplanned inner area, so building under §34 is allowed.
From your descriptions, this cannot be determined exactly.

Or you might even have agricultural use—do you or your parents have one?

You could also simply submit an inexpensive building inquiry—or first try to feel things out with the municipality or mayor.

That's why I also said "maybe".

Now my questions:

1. Which regulations apply if there is no development plan?
2. Who is responsible? The municipality or the district office?
3. Do I even need a signature from the neighborhood if I comply with the setback areas?
4. What is the chronological procedure if I want to obtain a building permit?

1. Already mentioned.

2. Both.

3. It is a formal act, I would say yes.

4. I would start with a building inquiry. If this is rejected, reasons are also given why it was rejected. Here you may have starting points to still find a solution.

From personal experience:
We built in an open area, but it cost a lot of time and nerves.
Our advantage was that just like you, there was already a building on the property. That was ultimately the decisive point that we received a building permit.

But please do not have too high hopes. Primarily, §35 of the Building Code counts and your chances are initially poor there. You have to find the loopholes and for this I would get professional support.

Hello Kubus,

You wrote that you built in the outdoor area. I would like to learn more about exactly how one can proceed.

In which federal state did you build? Was a building application submitted with the help of an architect or lawyer? What reasons were given for the development? How long did it take from the application to the approval?

Thank you in advance for the information!

Best regards