Construction project according to §34 Building Code (neighboring construction)

  • Erstellt am 2019-01-11 09:23:45

Hausbauer1407

2019-01-11 09:23:45
  • #1
Dear Sir or Madam,

I have a question about a construction project according to §34 Baugesetzbuch (Nachbarbebauung).

A fully developed plot is being sold (there used to be a house on it, which was demolished).

Now the exposé states: 855m² open space and design possibilities for a personal dream house.... The development is carried out as infill development according to §34 Baugesetzbuch. A maximum of 2 residential units are possible. But what does the term in parentheses (NACHBARBEBAUUNG) mean??? Am I now restricted and only allowed to build like my neighbor in the same construction style?

The plot is located on a federal road.

There is no development area in the sense of a settlement, houses are built along the road.

Construction project: podology practice + own use (residential) 1.5 floors, practice downstairs, living upstairs.

If someone has information for me, I would be very grateful.
 

Escroda

2019-01-11 12:48:26
  • #2

First, make sure that building according to §34 is actually permitted. The exposé may contain many things that do not have to correspond to the truth.

That could also be a problem. First clarify whether the access to the federal road will even be (re-)approved.

That depends on what you understand by "same building style." §34 of the Building Code states:
(1) Within the contiguous built-up areas, a project is permissible if it fits into the character of the immediate surroundings in terms of the type and extent of land use, the construction method, and the plot area to be built on.
Type of land use: If only residential houses are in the immediate vicinity, i.e., no commercial use at all, a podiatry practice could already be difficult.
Extent of land use: This includes building heights and dimensions. If the surrounding houses are all 10 m high, you may build neither 3 m nor 13 m high. If the surrounding plots are only built up to about 20%, you may not build more than 20% of the plot area either. The extent to which deviations are allowed must be coordinated with the approval authority.
Construction method: If all the surrounding houses are detached, you must also build with the setback. If there are only terraced houses, yours must also be a terraced house.
Buildable plot area: If all the surrounding houses stand 3 m from the street, you must also keep a 3 m distance. If the plots are only built up to a depth of 20 m, you may not build further.

Go to the local building consultation office of the municipality or building permit authority and ask what is emphasized there.
 

Similar topics
19.04.2015Our Construction Project - Our Financial Situation37
22.06.2014The annoying topic - Is the construction project affordable?18
19.02.2015Development costs §127 Building Code12
22.09.2015Building Code - Developer Contract - Postponement of Contractual Handover Date14
02.12.2016Plots in Cologne only through developers?54
06.06.2017Local bank markets plots - linked deal26
15.10.2019Questions on the interpretation of § 34 Building Code59
07.11.2019Experience finding plots by asking neighbors10
14.04.2020Security deposit according to §650 of the Building Code20
06.05.2020Liberation § 31 Building Code: Roof pitch, roof shape, roof structures15
10.11.20202 (dream) properties - financing unclear. Save equity?40
04.03.2021Subdivision of land parcel resulting building regulations / costs22
10.04.2021Delays with the general contractor, no deadline set according to § 650 Building Code65
05.08.2021Divide and develop plots themselves24
21.08.2021§34 Building Code: Building Window and Garage21
12.01.2022Union of two plots - redefine the building envelope?20
29.12.2022Special right of termination according to § 489 Building Code - Refunds15
16.05.2022Which plots are the best in this building area (with plan)?17
05.09.2023Application for a new development area: Selection of plots41

Oben