Deviation from the development plan in the new construction area is possible

Hi Andimann,

the way with would have and could have would not have been right for me....I want to avoid getting a construction stop or having trouble afterwards. We are the first of 8 to start building on this side ....next to us the neighbors are already calling us and asking: why are you allowed to build up, WE read it this way and that....there is trouble programmed if only another architect from the municipality gets different information than we do....then it starts with: but why were they allowed to do that and I wasn't?

Building permit plus signatures and that's that

Hi,

Building permit plus signatures and that's it

that is certainly the better, but also significantly longer way. Then you will probably have to wait until they have changed the BO and then approve your project according to the new BO. And you will just have to wait 6 months...

Best regards,

Andreas

Jana can't avoid waiting anyway, since she wasn't really satisfied with the freisteller in the first place, but now even that doesn't work. Whatever the architect messed up there?!

Hi,

Whatever the architect messed up there?!

that doesn't necessarily have to be the architect's fault. It could also be that the building authority simply has no time at the moment. Against the background of the pending procedure with the building code amendment, I would almost be surprised if they are approving anything right now.
It will be a huge mess later on if the neighbors get their permits based on different building codes. Then you have exactly the situation where everyone yells: "Why is he allowed to do this and that and I'm not?"
I wouldn't be keen on that as the head of the building authority either. So, first reject everything and wait until the new building code is finished and that's that...

Them sitting on hot coals, wanting to start finally and losing a lot of money every month doesn't matter to them at all...

Regards,

Andreas

So I was informed that I now have to submit a building application and then can/must get exceptions from the municipality (for the garage, filling, and retaining wall). For that, I do not have to wait for the amendment of the development plan. Only with the distances is that apparently not possible, I am probably out of luck and will have to stick with them (the 7.80m).

It could also be that the building authority simply has no time at the moment. Against the background of the pending procedure with the building code amendment, I would almost be surprised if they are currently approving anything at all.

Even in Bavaria, an approval authority is there to approve. Or not. As long as a development plan is in force, there is no reason not to approve something or to postpone an approval. Amendments to development plans are part of everyday business and are no reason to postpone or even completely reject the determination of conformity with the development plan just because a development plan amendment is rumored to be "in the pipeline."

Then you have exactly the situation where everyone is shouting: "Why is he allowed to do this and I am not?"

That situation also exists in overplanned building areas. Deviations from the development plan are tolerated more easily and more frequently in infill lots after a few years than with freshly adopted development plans. The "first come, first served" principle does not apply here; rather the opposite: whoever comes first must fully comply.

If I were the head of the building authority, I wouldn’t be keen on that either. So first reject everything and wait until the new building code is ready and that’s that...

With all due respect, this has nothing to do with willingness; it is his task. Anyone who is constantly noticeable only by postponing (= inability to decide) does not get such a position even in public administration. Decisions are made daily based on the currently valid guidelines and regulations. In 2015, no one began to postpone/reject building applications based on the Energy Saving Ordinance 2014 because the next stage was already coming in 2016.