Development according to §34 - Impact on the house position

Hello,

I have purchased a plot of land and want to build a house on it; in this area, building is regulated according to §34. According to oral information I received from the building authority, I must maintain a distance of 7m from the northern boundary in order to preserve the alignment of the two neighboring houses to the west. The first house to the west has a windbreak at about 7.5m, the actual house starts at 8m. The neighboring house is similar, the house begins at about 7.5/8m. Now, due to the large distance of 7m, the area I still have to the south of the house naturally decreases. There would still be about 200 m² there. My question is whether it is permitted that by applying §34 the living situation is so severely affected (little southern area) that it makes sense to push the building authority for a smaller distance than 7m, or whether that is unlikely to succeed? Or are the 7m perhaps already a concession, since the houses next door have rather a larger distance (but because of the narrower plot layout the houses already have more space to the south). I have attached the survey plan (at least one house to the west can be seen on it), my intended house is also shown on it. Perhaps someone has experience with §34 and whether there are possibilities to influence it, possibly also legally? Thanks in advance for your opinions!

Planning against the approval authority’s opinion is a long path. If your architect does not get through with his arguments, you can of course still submit a building application according to your wishes. This would then be rejected and you can sue against it. The chances of success are hardly assessable in a forum, especially with the small plan excerpt.

Now my question is whether it is allowed that the living situation is so severely impaired by the application of §34

Yes. There is the term “de facto building boundary.” If the fronts of the neighboring buildings are connected over a large area and a more or less uniform line becomes visible, then you are not allowed to exceed this building boundary. One can argue about subordinate components, but they do not want to do that with you. My assessment based on the limited information: It does not constitute an unreasonable hardship to build the house with a 7m distance from the street, so that court proceedings are not an option. I would go to the building authority again with the architect and negotiate every centimeter. I would then have the negotiation result decided with a planning law building inquiry and subsequently submit the building application.

The basic idea of §34 is the insertion requirement. Therefore, it is obvious that the building authority also demands, among other things, a certain compliance with the building line. This is more the norm than the exception and should be sufficiently considered already when choosing the plot. Of course, every rule also creates an exception, but you will have to (costly) fight for that. Outliers are generally not welcome, as they sustainably change the structure of the area. How does it look across the street? Also 7 meters to the road? No. 4 seems to be closer to the street with the corner as well?

I have posted the survey plan (at least one house in the west can be seen on it), my intended house is also visible on it.

And it looks like your building boundary is derived from an imaginary cord around the corners of the existing buildings.

It's really ideal what is expected from you: there is enough space left in the north to create a Sundowner-2nd terrace there. Don't underestimate the possibility!

yeah, that went wrong, it should have been clarified before the purchase. §34 is often mistaken for a "free pass."