Carport that must not be a carport

And you can't file an objection? Of course, you should definitely talk to a lawyer beforehand.

We planned as a garage without a gate. Although we now need an oil catch pan and it is also calculated as built-up area for the sewer fees, the municipality (our contact in Lower Austria) accepted it that way.

And can't you file an objection? Of course, you should speak to a lawyer beforehand.

An objection is not possible; you have to sue against the legally established development plan – the chance of success is likely very slim.

Much more important, however, is the question of why someone buys a plot of land whose developability is clearly regulated in the development plan but does not match their construction wishes. And why the builders force an architect to draw a carport where it is obviously not permissible.

Going to a lawyer won't help in this case.

Best regards
Dirk Grafe

Without a sketch, I don’t understand the problem. If the house is 3 m away from the property boundary and has a side entrance, and the carport is also supposed to be there (on the side), then it would also be 3 m away from the property boundary and thus certainly 3 m from the traffic area. Or??

A picture (here a sketch) is worth 1000 words, but presumably only I have a knot in my head ;-).

Viel wichtiger ist allerdings die Frage, warum man sich ein Grundstück kauft, dessen Bebaubarkeit im Bebauungsplan eindeutig geregelt ist, dies aber nicht zum Bauwunsch passt.

Well, life is full of compromises ... I can think of many reasons.

Und wieso die Bauherren einen Architekten zwingen, ein Carport dorthin zu zeichnen, wo es offenkundig nicht genehmigungsfähig ist.

+1

I understand and see no problem. The distance to the street is 3 meters and remains 3 meters. This is not unusual (applies to almost all properties, unless they are located in a city center) and hardly restricts construction in any significant way. These 3 or often 5 meters make sense to maintain a distance. Why can't one comply with this? Why is the development plan not understood here?

In short, regards

Would it be reasonable from your perspective to argue that the development plan only mentions garages? Carports are not mentioned. Then the state building code (Rhineland-Palatinate) should apply, right?