Building on a plot without it being developed

  • Erstellt am 2015-05-01 12:13:58

DG

2015-05-04 17:41:27
  • #1
Hello Scriptum,

Your magic word is "privileged construction project." Farmers, etc., can basically build so-called privileged construction projects anywhere they do not violate other laws (e.g., emissions protection). Whether water, electricity, and gas are available does not matter; if necessary, you have to have them installed at your own expense.

The crux of the matter is that the construction project must serve to maintain the operation, and that will be difficult to justify in part-time farming as in your case. For a full-time farm, for example, a residential building may be permitted if they give up their farmstead in the town center due to space reasons and build a new one outside. I am skeptical in part-time farming, but it is not necessarily excluded. It will definitely be a case-by-case decision, and you need an architect who also understands the justifications in the agricultural sector.

If you are organized in the Chamber of Agriculture or similar, you can also inquire there; they will certainly be able to give you useful information.

Best regards Dirk Grafe
 

Scriptum

2015-05-04 21:37:49
  • #2
I knew about the privileged construction project in relation to the mountain hall. Only, someone told me over the weekend that it does not apply to residential houses, just as you already said... But also as you said, it is a case-by-case decision. This plot is located outside the development plan and is therefore difficult with a residential house. It could be possible, or not. It could be settled quickly, or it could drag on for years. Thank you in any case for the helpful answers!
 

DG

2015-05-04 22:10:12
  • #3
If you were a (agricultural./privileged) full-time operation, the residential house would also be privileged - unless you already have enough living space on the farm premises. Building outside the development plan also happens every day; this has little to nothing to do with your situation.

The only thing that matters is: does your secondary occupation fall under the criteria for privileging. If yes, you can build a residential house outside the development plan on a plot where no one else would get a building permit in 1000 years. This does not depend on the plot, it does not depend on the development plan, but 95% depends on the privileging. This is more difficult to justify in a secondary occupation because you cannot justify a residential house in the middle of nowhere just for 5 chickens as a secondary occupation. So it depends on whether you can prove that your secondary occupation can only be effectively carried out if you live nearby or right next to the hall.

But to properly justify this, you don’t need anyone telling you half-truths on the weekend, but an architect who is familiar with [landwirtschaftlicher wirtschaftlicher Bauvorhaben].

To clarify once again; I have just not said that this does not apply to a residential house, but that in your case you have to/can have it checked whether your operation is privileged or not AND whether a residential house directly on the farm premises can be justified.

Regards Dirk Grafe
 

Scriptum

2015-05-04 22:18:35
  • #4
Now you have lifted my mood a bit again, and tomorrow I will start looking for a suitable architect.

It is true that, because of the sideline with the few little animals, I am probably not super privileged. But maybe this can still be combined with the business. The commercial area or mixed-use area is also only about 200-300m away. There is still a spot available there. But to be honest: I don't want to build between two existing buildings there, and besides, I would have to buy that plot of land first. And actually, I already have my plot...

Thanks again for the good advice!
 

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