construction during the establishment procedure of a development plan

Hello everyone. I wanted to have a single-family house built on my property, but I was not allowed to because the building regulations requirements were not met. Therefore, I met with the building authority of our municipality to discuss what we could do. As a result, it was decided that we would jointly have a simple development plan drawn up to create the necessary conditions. This development plan has already been publicly displayed several times and has now also been adopted as a statute by the municipality. Afterwards, it was forwarded to the responsible district authority for approval, as they still have to approve the development plan. This approval process can take up to 3 months, but I do not want to wait that long anymore. Does anyone know a solution that would allow me to build during the development plan procedure? What would the procedural process be like? Would §33 of the Building Code perhaps be something for me? Thank you!

Hello hansa,

clear answer: yes, although the municipality can certainly also provide assistance.

However, I am surprised that a development plan can be drawn up, but there is supposedly no possibility according to §§34/35!? Are there special conditions that you have not mentioned?

Good luck!
Dirk Grafe

Thank you very much for your quick response.
My property is located in the outer area of the municipality in a small settlement, and a land use plan had designated garden land or forest for my property. Therefore, the land use plan will be changed and a development plan will be drawn up.
The municipality could not give me a precise answer to my first inquiry and referred me to other authorities.
Therefore, I do not know at what stage I might still need to apply for this procedure.
Can I now look for a construction company/architect, plan everything completely, and submit the building application?
Or what is the next step now?

For the building application, you need an architect/authorized building submitter anyway. He will also be able to inquire with the relevant authorities about the status of things and clarify the further process with them.

In my opinion – although this is not my area of expertise – the building application should be submitted to the municipality and at the same time a copy should be given to the district office so that it can also be assessed there that your building application does not conflict with the planned regulations.

Best regards
Dirk Grafe