Building without building window NRW

We would like to build on our parents' property. However, there is no longer a building window available there. The property could be divided. Then a new building window could be created on the new property. Is that even feasible? Would a building inquiry be advisable?

Thank you and regards

Hello wefour,

You should definitely talk to the municipality or the building authority about how this is handled. Basically, the division does _not_ automatically create a new building plot, on the contrary – a parcel of land is created that may not be built on formally if the development plan is not adjusted.

In this respect, the idea of dividing the property to revive a new building plot is risky.

Formally, the development plan must be renewed/expanded or at least neighboring consent and/or involvement of the next higher planning authority must be obtained, otherwise after the division you will have a nice but expensive piece of garden land.

If there are no fundamental rights against construction, building should be possible.

Best regards Dirk Grafe

Thank you for the response.

Wow, that sounds complicated.

So, back to the building authority and then possibly a preliminary building inquiry?

Best regards
wirvier

For the building application, you need an architect anyway; for them, it's daily business. If you already have someone in mind, they can surely help. It only sounds complicated; the building authority can explain to you relatively quickly how they view the case.

It actually only gets complicated if the building authority rejects it, but without plans, one can't say much about it. Maybe you have a case where the building authority sees no problems, then it might also go quite quickly.

A property subdivision in NRW including incidental costs hardly costs less than 3K€ in such a case, so you should ask beforehand whether it makes sense.

Best regards
Dirk Grafe

We submitted a building inquiry without an architect. Now we have received a hearing notice. I took a photo of it. Are there any other possibilities to get a positive decision with an architect? Or is everything hopeless? Regards Wirvier

What possibilities you would have today to possibly still realize your project depend, among other things, on how the term "Kleinsiedlungsgebiet" is defined and interpreted by the building authority today. It is certainly no longer up-to-date, as it originates from the 1930s, when many homeowners still valued keeping small animals and gardening for their own needs on their property. Today, this hardly plays a role anymore – the plots are then too large. One should first research the initial situation with the authorities and then propose an appropriate usage/development concept. This would also include, for example, documenting the type and extent of the current development on site and, if necessary, using it as a comparison.

All of this should be done by an architect who also coordinates with the authorities and can discuss on an "equal footing" – or better – with the official representatives. Then many things are possible that are formally not initially permissible. Deviations in individual cases are often possible – well justified and appropriate.