Building inquiry for land in the outer area

  • Erstellt am 2021-04-24 13:29:25

Tim-Srs

2021-04-24 13:29:25
  • #1
Hello everyone, I have an eye on a plot of land in the outer area of a village. It is located directly next to the end of the developed inner area, a road passes by, drinking water is available in front of the property, sewage about 40 m further up the street. There is a land use plan that designates it as residential building land, but no development plan yet. I would like to submit a preliminary building inquiry before purchasing. I have the following questions: 1. Can I request several variants in the preliminary inquiry (e.g. building a city villa and if this is not possible building a house similar to the neighboring buildings)? 2. Is a program like Architect 3D suitable for creating the floor plan/building drawing for the preliminary inquiry myself? 3. Has anyone successfully carried out a similar project? Best regards, Tim
 

Myrna_Loy

2021-04-24 13:46:18
  • #2
I would first inquire with the responsible authority whether it is really building land. Normally, construction is not permitted in the outer area. If it has not yet been officially designated as building land, then a preliminary inquiry cannot be approved. Publicly accessible development plans, for example in the [Geoportal], are often inaccurate. The land use plan for our village is also completely incorrect. For example, someone in the village bought a plot of land at the price of a meadow, thinking they could build there because the plot was marked as a building area in the land use plan. During the preliminary inquiry, it turned out that the plot is located in the outer area and that the land use plan was drawn rather roughly because there are no specific survey points. Only cadastral maps based on old maps.
 

11ant

2021-04-24 14:30:43
  • #3

A land use plan is superior but not overriding. It does not issue an order to draw up a development plan; that is not within its competence. The "residential building land" in the land use plan is, in this sense, only the declaration of intent for a (medium-term) development goal, but not a legal basis. Development plans have areas of validity, and their boundaries are strict: what lies beyond is beyond — no matter how close you could spit to it. The land use plan does not even obligate the actual development of the perspectively intended use within a hundred-year period. This supposed zoning therefore does NOT transform the outer area (§35) into an unplanned inner area (§34). From this follows for the question

that it will be completely fruitless and you will only be granted the permission to build nothing there. Similarities with neighboring buildings are absolutely useless in this context. At best, you can try to acquire a farm or at least a Easter bunny breeding operation to be privileged for building in the outer area (and then apply to place a subordinate residential building next to this operation).
There is no such thing as almost pregnant, and there is no such thing as almost building land.

You can submit building preliminary inquiries in an analog form, gladly illustrated with a set square. But they only make sense where there is — not at the day of never ever, but already in the present legally bindingly — building land. Elsewhere not. No matter how close a building area is, there is no administrative law expectation for building land. YET not is still NOT. You can therefore give up all hopes concerning the relevant plot of land: before considering including outer area, unplanned inner area will first be planned (and already planned inner area will be redensified). The next candidates are at best sometimes by chance areas adjacent to validity areas of legally binding development plans. Most likely you will find such where existing development plans bear a Roman numeral at the end of their name: where "II" has streets lined only on one side with building plots (or streets ending in nowhere), "III" will soon follow — but only if "II" is already 75% built, the population numbers are generally trending upward AND there are no areas in the same district of the municipality suitable for redensification. The plot you described will in thirty years still lie as untouched as now. Whether city villas will still be considered nice then, only the gods know. What I am relatively sure of, however, is that they will no longer be anthracite colored then ;-)
 

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