Building on non-buildable land

Hello,

my name is Christian.
I own about 10,000sqm of land, but it is designated green space. It was leased to a farmer who used to get his hay from it.
Now I am considering building on it.
However, I do not know if that is so easy, as it is probably not a land designated for future building.
Can someone give me tips on how to proceed best or if the project might not be feasible at all.

Many thanks in advance

Best regards, Christian

Hello Christian,

the most practical way would be to inquire at the responsible authority of your municipality. Perhaps your mayor or local head can also answer some questions for you.

Good luck

If the green area is located in the so-called "Außenbereich" according to §35 of the Building Code - outside of the continuously built-up villages, you can possibly develop it in connection with your approved farm as a "privileged" project within the framework of §35 of the Building Code for your own use. This must be clarified and coordinated with the building authorities, eventually in the form of a building inquiry conducted by an authorized planner (architect/structural engineer/civil engineer).

If you do not want to develop the land for your own use, it becomes more difficult, perhaps even impossible. For this, the boundaries of the continuously built-up village under §34 of the Building Code would need to be changed if necessary. It is crucial whether the municipality sees this as an advantage and what is designated in the land use plan. Generally, further fragmentation of the landscape is to be avoided. If there are sufficient developable areas, the municipality will not readily agree to a "reclassification" of grassland to building land.

You should best clarify all these contexts through a personal and direct inquiry to the building authority of your municipality or district, which is responsible for building planning law and the development of zoning plans.

Hello,

thank you very much for the answers.
I do not own any agriculture or farm in the [Land].
Then I will get in touch with our building authority.

Thanks

Best regards, Christian

If the green space is within a town, the chances are good ("Baulücke"). If it is on the edge, it depends - it might be possible, or not. If it is outside, you can more or less scratch it off without agriculture.

Hello Christian,

Based on your description, construction is probably difficult unless it is a plot in the outskirts. However, it might be possible to get a building plot from a farmer in the area who can use the grassland themselves – so you exchange grassland for building land with an appropriate value/area compensation.

That is much more likely and also faster. A conversion in the land-use plan – if at all possible – certainly takes 1-2 years and there is no possibility to sue, i.e., implementation depends solely on the goodwill of the authorities. If the authority is unwilling or does not see a fundamental necessity, that’s just how it is.

Best regards
Dirk Grafe