Building permit without an official site plan

Hello,

I hope you can help me with my question. We own a plot of land in a development area, which is currently being developed. The expected completion of the development is in August 2017. According to the municipality, once the development is completed, the development area will be finally surveyed and then an official site plan will be created by the surveying office (duration approx. 1-2 months).

According to the construction company, we also need this official site plan to submit the building documents for the building permit. This would mean that we can submit our building documents at the earliest in September/October.

However, I have now received from the municipality the statement that we should submit a so-called exemption application, since our house plan complies with the development plan and our house is thus an "exemption".

Does this now mean that with this exemption procedure we can already obtain a building permit without the official site plan?

I often see development areas being built on just days after the development, so there must already be a building permit in advance.

I hope I was able to convey our concern somewhat understandably. Thanks in advance for the answers.

The municipality is right. There will be a plan of the area, the plots will be marked with wooden stakes, setting the boundary stones can take place later. We also had the building permit at the end of November. Surveying and the official plan were in February. We used the wooden stakes as a marker for the time being, the boundary course afterwards was absolutely identical to this marking. The building permit was therefore already issued with the preliminary survey by the civil engineers. Karsten

Now, however, I have received the statement from the municipality that we should submit a so-called exemption application, since our house plan complies with the development plan and thus our house is an "exemption".

Does this now mean that with this exemption procedure we can already obtain a building permit without an official site plan?

You do not need a permit as an exemption. The information from the Bavarian StMI states that the same documents as for the building application must be submitted.

With those, you simply leave out what is missing. Or attach the map of the preliminary survey instead of the official survey.

"4. Start of construction
Construction may begin if
• the municipality does not express within one month after submitting the required documents that the simplified approval procedure should be carried out, or
• the municipality informs the builder in writing before the end of the one-month period that it will not require an approval procedure."

This means: if the municipality has not objected after one month, you can get started. In my view, nothing more can happen than them criticizing the map. However, that can be easily clarified since it is advisable anyway to personally hand over the documents to the person responsible. If they are nice, they will then immediately print out that they will not require an approval procedure. They even like to do that, to complete a process with just one handling. The prerequisite is, of course, that the documents clearly show that everything is in order. In other words: that you can show them from memory on the plans that the floor area ratio and the roof pitch and the heights are correct, that the dormers are not too wide, and that the garage is not too long etcetera.

We own a plot of land in a development area

How do you know which piece of land you can call your property? Is there a cadastral designation (district, plot, parcel number) for the property? Is the property located in a land readjustment area? Have you acquired a partial area that is precisely described in the notarial contract?

Does this now mean that we will receive a building permit with this exemption procedure even without an official site plan?

The building permit authority requires an official document clearly showing the exact location and geometry of the building plot, whether you submit a building application or pursue the exemption procedure. Depending on your answers to the above questions, this can be the official cadastral map, the readjustment map, or the subdivision plan sealed by the notary. Your designer must plan based on some secure foundation.

We used the wooden stakes as markers for the time being

That is bold, at least if you use them for more than just pacing out your territory in the evening.

About escoda. Yes, that was a bit bold. We had a boundary appointment with the surveyor. I think, even though the weather was really bad, showers, storm, cold, muddy, put on your rubber boots, go there. I had a feeling that it made sense to do that. Yes, he said, let's walk your land. See here in the southeast, it increased by one meter, the old wooden stake wasn’t quite right, the boundary stone has to go here. Are you okay with that? He grins. Sure I am. Better to have than to need. But then he and I realized that the builder had already started with the foundation slab. Mason’s string, angle brackets... trench, sand, but luckily no concrete yet. That’s just not right. The house could now shift by one meter to the southeast, or it would be crooked relative to the boundary. I immediately got on the phone. Mr. R., something happened at the boundary appointment ... the stakes ... the house ... crooked ... He came personally the same day and realigned it fresh. Trench a bit differently, then concrete ... just barely got it right. Karsten

I know some of these stories that didn’t always end well. A builder takes 300k in hand to realize the dream of owning a home and then lets himself be talked into by the architect, BU or good acquaintances that the 1-2 per mille for the surveyor can be saved, and in the end he pays 10% for the corrections on top.