Building window on the corridor map - approval

But this whole trick with the bay window only works if it is allowed to build the bay window outside the building envelope, right? Otherwise, it doesn't help me. If I am not allowed to exceed the 10x10 building envelope and the house measures 9.98*8.85, then I have no more room for a bay window on the ground floor.

Please don't forget that I intend to build a prefabricated house. That means the exterior dimensions of the house are fixed and cannot be changed. I also cannot change the size of the bay window. Weberhaus has a standard bay window that I can either choose or deselect.

Please don’t forget that I intend to build a prefabricated house. That means the exterior dimensions of the house are fixed and cannot be changed. I also cannot change the bay window in its size. Weberhaus has a standard bay window that I can either choose or deselect.

Let me put it this way:

In your ET, words like "unfair," "not fair" come to your lips or keyboard regarding your preferred plot of land or the related building envelope, and the building authority immediately gets criticized, quote: "some idiot thought back in 1975 that the building regulations needed to be corrected."

But you don’t want to budge on your BV; everything there is fixed and standard, the 108.5m² must fit into a 100m² building envelope, your living room absolutely has to be 40m², etc., etc., and from us here in the forum, you now want to hear that you can/should buy the plot anyway, because somehow it will work out.

Seriously, do you even intend to think about what you’re planning or what you expect here in the forum?

[*]Your floor area is fixed at 108.5m². For your BV to still be moved a bit within a building envelope, your plot should have a building envelope of at least 120m², approximately 11x11m, preferably 12x12m. You are trying by force to press 11 liters of water into a 10-liter bucket. The plot won’t allow that without renegotiation with the building authority, and no one here is capable of looking into the head of the responsible official.
[*]You have decided on a Weberhaus. The purchase contract includes architectural services. The architect—whom you pay—would be responsible for displaying your floor plan on the plot and describing the necessary deviations. The plot offers—as far as I can tell from the photo of the development plan and can estimate roughly—a sufficient setback to the east so that an extension/overstepping of the building envelope by about 1.5m would, at least, have no further legal consequences (such as setback obligations if the 3m standard is undercut). Depending on the response/attitude of the building authority...
[*]... either an adjustment of the development plan is necessary, for example, but not limited to, the possibility of a project-specific development plan explicitly tailored to your BV. Or, also not limited to this possibility...
[*]... a building permit by means of deviation from the development plan and neighbor approval or similar.

In other words: if you come across as difficult to the people at the building authority and call them all idiots, then you can forget about the plot. With or without bay window, it won’t matter. If you are willing to invest time and possibly some additional costs, then your BV—although very tight—can be made to fit on the plot.

However, this only works in cooperation with your architect, the responsible official, and a certain degree of willingness to compromise on your part. If you cannot provide that, you should definitely look for a plot that offers a suitable building envelope from the start.

Last but not least: if one of the neighbors objects, you can more or less immediately forget the idea or you will have to prepare for a legal process with an uncertain outcome, and it is unclear whether you will even be able to contest the legal proceedings. The development plan for the plot is binding initially, and you have no option to sue for a change.

Therefore, your negotiating position against the "idiots" from the building authority is quite weak. You should keep that in mind during the discussions.

Best regards
Dirk Grafe

I admit that there is indeed some annoyance in my initial post about the fact that plots are not available or are being sold at exorbitant prices. Those so-called "building gaps" that are available are "unfavorable" (I avoid the word utterly stupid), have a slope, which means I have to build a basement, and moreover have building regulations dating from a time when people still liked kermit-green bathroom tiles combined with pig-pink sanitary fixtures.

In addition, the fact that a request for deviation from the development plan is also a lengthy process. I have no problem with the costs for a preliminary building inquiry, but the back-and-forth over the request still takes about 3-6 months, as the very friendly lady at the city office confirmed. By this time, the plot has long since been sold, which I cannot hold against the owner.

Perhaps I went too far with the term "idiots," that may be. Then sorry. Nevertheless, one could possibly empathize a bit more with people who are building for the first time, have no experience with construction, do not know the pitfalls, who search for plots, only find junk, and then also run into sluggish administrative bodies that are as flexible as a crowbar and send you from pillar to post like the captain of Köpenick from Pontius to Pilate.

For all hints and tips that still help me, I remain VERY grateful.

Best regards
laurooon

Drive to the building authority and talk to them.

Do you already have an appointment?
Your topic start is full of resentments that you should definitely set aside beforehand. With such a biased attitude, it will hardly create a conversation atmosphere in which your and the urban planning interests can be weighed against each other objectively.
According to the facts you described, your plan violates the provisions of the legally binding development plan and is therefore initially not approvable. However, §31 of the Building Code lists conditions under which an exemption is possible:
(2) Exemptions from the provisions of the development plan can be granted if the basic principles of the plan are not affected and
1. reasons of public welfare, including the need to accommodate refugees or asylum seekers, require the exemption, or
2. the deviation is justifiable in terms of urban planning, or
3. the implementation of the development plan would lead to an obviously unintended hardship
and if the deviation is also compatible with public interests, considering the interests of neighbors.
Since the development plan is older than 40 years and the immediate neighbor already violates the provisions of the development plan, I see good chances that the approval authority could follow a good argumentation.
Regarding your questions:

Now the question is, does the city have to approve the 3m as well?

No

Do I have a right to that if others are also allowed?

Are they even allowed? If yes, why?

Can I effectively defend myself against this unequal treatment

Theoretically yes. If your building inquiry is rejected, you can sue against it.

or am I at the mercy of the authority.

Practically yes; you name the reason yourself in the next sentence.

So if the house doesn’t fit on this lot, it must be another lot.

That’s probably right. According to the currently applicable planning law there, it does not fit. If you or the seller do not have the time to clarify whether it might fit after all, I do not find it fair to blame the authority.

What exactly do you want to know now? The only possibility at the moment is to first have a non-binding conversation with the responsible building authority to assess whether a deviation would generally be possible. Then further steps can be planned...

... or as already described several times, to build a house that fits the plot, or to look for another plot for the shell around the home cinema.