Development plan: Garage on the boundary outside the building window

I tried to design the plan better again.

I am still missing an exact site plan that clearly shows the property boundaries. Additionally, the exact location of the building boundaries and the utility easement boundaries from the development plan and, if available, the geometry of the area encumbered according to the land register and/or the register of charges.

Hmm, would it be permissible to delimit the roof terrace?

There are different opinions on this topic in the federal states. In BW, the matter seems to have been clarified by the Administrative Court (file number 8 S 1306/98): As long as the terrace itself maintains the required distances, the garage does not lose its privileged status. However, since your garage is mostly outside the buildable area, a meaningful roof terrace will exceed the building boundary. Whether an exemption can be granted here should be clarified by your planner with the approval authority in advance.

I am still missing an exact site plan clearly showing the property boundaries. Also the exact location of the building boundaries and the utility easement boundaries from the development plan and, if available, the geometry of the area encumbered according to the land register and/or the register of charges.

Hello Escroda, thank you very much for your reply. Unfortunately, I do not have access to any other plans. Do the planners and architects have access to other plans, or how does this usually work? Or does the site first need to be surveyed precisely? Regarding the roof terrace: Okay, I understand. If necessary, I could also live with no roof terrace being built here, since only the children's rooms and a study are planned on the upper floor so far. But of course, it would be nice to have.

Please also pay attention to the ridge direction, I am not sure if this has been taken into account so far, because usually in new buildings nowadays the gable side is shorter, the eaves side longer, which then does not fit some of the plans shown here and the requirements in the development plan.

It can also be done differently, for example, our house will have a gable side of almost 11m on an eaves side of nearly 10m, because unfortunately it does not work any other way space-wise. Masked by roof overhangs and two-tone facade design, it should hopefully result in an almost square appearance.

Or does the area first need to be precisely surveyed?

I assume that the parcel has already been created. A survey would then not be necessary for rough preliminary planning.

Do planners and architects have access to other plans

Surveyors obtain the geodata from the cadastral office. For preliminary planning, it is sufficient to look into the Geoportal BW -> Planning and Building -> Maps -> WMS LGL-BW ALKIS Basis. There you can search for your property and print it out. You have to experiment with the scale (depending on the PDF viewer). Regarding the right of way, it is still open (or have I overlooked it?) whether it is already entered in the land register or in the charges register. The exact location is probably specified more precisely there than in the development plan. Otherwise, clarify with the municipality how the lines in the development plan should be geometrically interpreted, as a very thick line width was chosen here. Usually, the center of the line is assumed.

Please also pay attention to the ridge direction; I am not sure if this has been considered so far, because usually in new buildings nowadays the gable side is shorter, the eaves side longer, which then does not match some of the plans shown here and the requirements in the development plan.

The exemption of the ridge direction is apparently not a problem according to the building authority. The neighboring property has also already been granted an exemption and was allowed to "rotate" the house.

Regarding the right of way, it is still unclear (or did I overlook it?) whether it is already registered in the land register or in the register of liens. The exact location is probably specified more precisely here than in the development plan. Otherwise, clarify with the municipality how to interpret the lines in the development plan geometrically, as a very large line width has been chosen here. Usually, one assumes the center of the line.

Yes, I still have to find that out. I have already looked in the geoportal but I don’t quite understand it.

Thank you for the corridor map, the boundary demarcation is clearer here but matches the development plan. In our residential area, it is such that the water supplier has waived its right to the pipeline (remote water pipeline) for some parcels if they only touch the protection strip but do not cover the pipeline. I suspect something similar with you, the pipeline will run just next to your boundary and maybe you are lucky and you won’t face any restrictions. Neighbor 149/19 would be my first point of contact, he must know whether he has anything registered in the land register and maybe he also knows exactly where the pipeline is located. Ok, an exception for ridge direction is certainly included, the question is how many other exceptions you still want, if the list gets too long, the chance that it will be approved without much fuss might decrease.