Conversion of outdoor area into building land - possibilities

  • Erstellt am 2021-07-16 00:51:56

11ant

2021-07-16 18:01:35
  • #1
Such boundaries are not that uncommon here, especially because boundaries between actual interior and exterior areas are oriented to the settlement, no matter how far a parcel extends beyond that into the prairie. In the specific case – as said, I only assume this, so I do not derive this from established facts – I base myself on the appearance that the statement that this boundary represents the transition between an interior and an exterior area is just a case of excessive anticipatory obedience. Because just like in your example, the boundaries between a currently planned area and its future neighbor typically look like that. The planned area does not necessarily have to mean the scope of an official development plan in this sense, but here possibly only that of a design statute. Because we also encounter that regularly here: areas in which, on the one hand, only §34 is applied, so no fully fledged formal development plan, but still requirements for building lines or even facade divisions, most starkly here:
 

Resl123

2021-07-16 19:30:14
  • #2
Phew, that person really hit the jackpot with the requirements. well, I would say this: in the neighborhood there is quite a variety regarding the appearance of the buildings. All the houses of the immediate neighbors look totally different. There is an old small house (northern neighbors). The house at the front on the street is a large multi-family house, the parents-in-law's house is a single-family house (pitched roof) from the 70s and the neighboring house to the south is also a single-family house with a pitched roof. Of course, such requirements do not make house building exactly easy, but one could certainly live with that.
 

Escroda

2021-07-16 23:33:45
  • #3
Which part exactly? Where is the boundary supposed to run? What is the boundary based on? Is the land use plan mentioned? I love appraisal reports :rolleyes:. Either there are good reasons to assign certain partial areas to the outer area, then the reasons must be stated and the areas identified, and then non-privileged construction there is not uncertain but impossible, or a clear planning law allocation cannot be made, then an evaluation without a recommended preliminary building inquiry is not possible. Is this word in the appraisal report? Which standard land value was applied? Who commissioned the appraisal report and for what purpose? IMHO, not too much importance should be attached to this appraisal report. The right approach seems to me to be consulting the building permit authority. It is best if you draw your desired house with access road directly into an enlarged excerpt of the land use plan. That way the authority first has to come up with the idea that it might not be building land, and then search for, find, and convincingly present good reasons. Take notes during the conversation so that your counterpart does not brush you off with baseless half-truths or clichés.
 

11ant

2021-07-16 23:40:20
  • #4
Do you mean specifically only the approving authority (e.g. district office) or also the voting authority (e.g. local municipality)?
 

Escroda

2021-07-17 00:39:47
  • #5

Yes. The city has already expressed its will through the land use plan.

These doubts are basically correct, but here IMHO unjustified, since the residential building area in the land use plan is not determined solely by the parcel boundary, but also by the topography with paths and watercourses. For me, there is unquestionably a buildable area east of the existing house within the residential building area.
The big question is whether the district office accepts the land use plan or whether they fundamentally require a binding planning intention of the municipality in the form of any kind of statute. Since there apparently are no large-scale statutes (see #15) that could be changed with relatively little effort, only a new development plan would remain, the preparation of which is very unlikely due to the small buildable areas.
A benevolent decision-maker at the district office will not awaken the specter of "outer area" and will steer clear of the building, while a construction blocker will take a ruler, connect the eastern outer walls of the two eastern houses in the north and south, and say: "Up to here and no further," which would at best allow a modest extension to the existing building.
 

Resl123

2021-07-17 01:07:09
  • #6

A building inquiry was recommended. I quote from the valuation report. There is nothing more included in the report. Also no picture or similar showing the boundary. That is why I also don’t know where the 900 sqm of building land come from or the size of the hinterland. Estimate? The land use plan is also not mentioned:

After consultation with the district office, the construction of the property with another single-family house can only be determined with a concrete building inquiry. Since part of the property lies in the outer area and, among others, institutions such as the nature conservation authority and the Bundeswehr must also approve a building application here, this is to be classified as very uncertain.
For this reason, 900 sqm of the property was valued as building land. The remaining area is currently classified as hinterland or garden area and is valued at an average value of €28.25/m2.


I should have included this at the beginning. It might have made things easier for you. Sorry for the submission of this information afterwards.

Maybe I just misinterpreted the whole thing with the outer area when I read it now with the knowledge I have received from you. I had also assumed that the outer area is recognizable through the representation in the Bavarian map. But as it now sounds, the outer area could begin somewhere on the property. Exactly where, no one really knows.

Yes, see above. The report was commissioned by the parents-in-law because they wanted to consider future planning. Keeping the house and property / partial sale of the property / development by their own family.

Thanks for this very concrete suggestion. This is exactly the kind of support I hoped for by explaining my concern.
 

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