Development on commercial land/mixed commercial use

Hello everyone,

as you can see, I am quite new here and hope for your tips and advice! Now I will describe the situation to you.

We own a large property that mostly consists of commercial land (see picture). Adjacent to it are the parental houses. In the picture, I have marked the commercial area and the other marking points to the built houses. We would like to build 1-2 more houses if possible for the grandchildren. Now we come to our questions.



1. According to the land register, part of the commercial areas adjacent to the houses is listed as mixed commercial use, but according to the development plan it is completely commercial land. What is correct here or what applies then?
2. As far as we have researched, construction on commercial land is only allowed if you also have a business (e.g. company on the ground floor and apartment above). Does the same apply to mixed commercial use?
3. What does such a business have to look like? Can I register a small business, for example a janitorial service, and thus be allowed to build?

Our thought is, if now a company builds on the commercial land including an apartment and this company goes bankrupt after 3 years, then we can hardly wait until another company with an apartment moves into the property. There must somehow be a possibility to build something there, whether with a business or other options.

I hope you understand our principle and the problem.

Thank you in advance!

Best regards, Marco

1. According to the land register, part of the commercial areas adjacent to the houses are designated as mixed-use commercial, but according to the development plan, it is entirely commercial area. What is correct here, or what applies then?

Development plan. In the textual justification it also usually states which businesses are allowed.

2. As far as we have researched, construction on commercial areas is only permitted if you also operate a business (e.g. company on the ground floor and apartment above). Does the same apply to mixed-use commercial?

It is probably a commercial zone in your case.

3. What should such a business look like? Can I register a small business, e.g. janitorial service, and thus be allowed to build?

See above.

Our thought is, if a company builds on the commercial site including an apartment, and this company goes bankrupt after 3 years, then we can hardly wait until another company including an apartment moves into the property.

Yes, you can and must.

There has to be some way to build something there.

Yes, commercial buildings. That is what the commercial zone is for.

Thank you for your answers . So the short version is that if we want to build there ourselves, we need to have or register a business. Otherwise, there is absolutely no possibility to build there, right?

Otherwise, there is absolutely no possibility to build there, right?

Or try talking to the building authority about possible exceptions, maybe even just for part of the area. If it's all wasteland today, they might possibly agree to something like "30% will be developed with residential houses, 70% with commercial use." Asking doesn't cost anything at first.

Thank you for your answers @nordanney. So the short version is that if we want to build there ourselves, we have to have or register a business. Otherwise, there is absolutely no possibility to build there, right?

Exactly, that is what a development plan is for. Conversely, you certainly don't want a coke plant suddenly built in the middle of a residential area. Or a logistics property. That is what commercial areas are for – conversely, no residential buildings (except perhaps the manager's apartment or similar). The land is therefore also significantly cheaper.

Or maybe talk to the building authority about possible exceptions, possibly only for part of the area.

I don't see why a municipality would do that. Commercial areas are designated so that businesses settle there.

Whatever a mixed-use business is supposed to be, from the aerial view it is clearly an industrial area [GE]. How you want to manage to keep the company apartment subordinate in a small business is a mystery to me. And yes, the public order office will send you a cease-and-desist order if you want to maintain the apartment after a business failure. Then you can only live there illegally. In other words: you can forget about that. But that's not bad - or is your commercial plot so tiny that no one wants it?