Can a building permit be made dependent on the demolition of garages?

  • Erstellt am 2021-01-10 21:15:14

motorradsilke

2021-01-10 21:15:14
  • #1
We want to demolish our current house on our property and have a new one built. The property is located in Brandenburg. There is no development plan. Currently, there are a few garages on the property, some of which were already there when we bought it, and some we built ourselves. They are simple metal garages. Unfortunately, this exceeds the allowed setback distances to a neighboring property. So far, no one has cared because the neighboring property is just a path and therefore not built on. If we now have the property surveyed, these will also be included, and the building authority will become aware of it.

Now my concern:

Will the building authority refuse the building permit until the garages are demolished? Or are these two independent administrative acts? The floor area ratio is not exceeded by the garages. We also have no problem with dismantling two of the garages since we actually no longer need them. But it would be inconvenient if we had to do this before the new construction because we still want to use them as storage space during the construction. Moreover, this would take additional time, which we do not have.
 

Nida35a

2021-01-10 23:17:45
  • #2
Our building authority opened something similar to Google Earth with a measuring function in a preliminary discussion regarding floor area ratio and overbuilding and was aware of everything that is on it, including 50-year-old illegal constructions. I would apply for the building permit as planned and look at the conditions upon the hopefully granted approval. Ask the general contractor; it is his local building authority.
 

11ant

2021-01-11 16:02:52
  • #3
The demolition of illegal buildings and a building permit are two administrative acts that are regularly in no way related to each other. However, I do not recognize any structures in that would have raised my concerns. Garages are fundamentally privileged buildings on property boundaries, and as long as they are not blessed with more than three meters of average wall height (possibly including roofs pitched at more than 45°), this should also be the case here. In the public street area, boundary distances may even in many cases extend halfway in. However, no exemption from approval derives from this privilege; in your federal state, they will therefore be illegal buildings without such approval (and to my knowledge, there are only the alternatives of subsequent legalization at higher fees than if done in time; or a demolition order, basically without room for discretion). However, I would consider it conceivable to offer to carry out the demolition enforcement yourself, and to apply for a postponement.
 

motorradsilke

2021-01-11 21:08:40
  • #4
Thanks first of all for the reassurance. According to the Brandenburg Building Code, garages up to 50 sqm are exempt from approval, however, we are exceeding these values overall. The question, however, is whether the garage approved many years ago counts. Unfortunately, the distances to the boundary are not quite correct. According to the Brandenburg Building Code, only up to 9 m of garages without boundary distance are allowed on one side of a property, and only 15 m on the entire property. Unfortunately, the "path" to the right of our property is not a public path but private property. Accordingly, the distances to the boundary must be observed in my opinion. I will then seek a conversation with the building authority when submitting the building application. Only unfortunately, this is awkward at the moment, they do not offer personal visits. But maybe that will change by then.
 

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