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

  • Erstellt am 2018-02-16 10:47:45

Jana33

2018-02-16 20:26:05
  • #1
I’m trying once again to shed some light on the matter (-:

So the municipality does realize that it’s not optimally regulated, that the houses opposite don’t have this problem, but we do. That’s why they want to change the development plan.

The plan that was rejected was submitted after the exemption procedure. One day after submission, we received a call from the municipality saying it would not be approved because the setback distances were not observed. It turns out that our interpretation – that the distance is 1/2 H or 1 H and H would be from the floor to the intersection of the roof covering – was not accurate, because it is not the floor but the original ground level, in our case on the slope that means another 1.9 m PLUS.

What I wonder as a layman: in other building areas, acquaintances have also had deviations approved (e.g. to be allowed to build an extension with a flat roof, even though that roof type was not permitted). This was granted, the extension may be built. Can the district office not also give me such a waiver if there is otherwise nothing against it, only referring to the distances?

Regarding the question of which world will end if we wait 6 months or longer: a big one. Here in the area, you wait longer for a shell builder than in the GDR for the delivery of a Trabant (-: And the financing then starts running too: commitment interest will be incurred plus a very high rent the whole time....(Munich suburbs)
 

Nordlys

2018-02-16 20:45:20
  • #2
Then don't talk here, but make an appointment at the municipality. If you convince them to go along with [§34], if they see your situation as urgent, then it will also go smoothly at the district. That's how it is in Germany, if locally yes, they also say yes at the higher level. If locally no, it will be very very difficult to get a yes at the higher level. Subsidiarity.
 

Jana33

2018-02-16 20:56:37
  • #3
I have already been to both (municipality and district office) and both were well-disposed towards our project.

The only problem for us is the timeline, hence my question.

Assuming the municipality changes the development plan, can it also grant me an exemption from the old currently valid plan.... or who does that ... or is it even possible, that was the question...

§34 concerns insertion into the surrounding local development, meaning I would argue that afterwards all houses should be situated the same way.....

Let's wait and see....
 

Nordlys

2018-02-16 21:03:45
  • #4
The official channel, an authorization, including a special authorization, is granted by the district building authority. But it does not do so without consulting the local municipality. So one submits directly to the KBAmt VIA the building authority of the municipality xy. Of course.
 

11ant

2018-02-16 22:24:53
  • #5
The exemption procedure requires the architect to assure compliance with all regulations (which must also be true, otherwise there is a risk of demolition). Exemption from the approval procedure itself and exemption from individual regulations logically contradict each other, so they can never happen at the same time.

As long as the development plan is legally binding, the route via §34 is automatically denied because it only applies without a legally binding development plan.

If you do not meet the eaves height and/or the setback requirements, the exemption will not work, and an exemption from individual regulations will be necessary.


In SH that might work, but I’m afraid not in BY.

I estimate your excavator can roll in in November.
 

Alex85

2018-02-16 22:28:27
  • #6
I don't know the exemption in BY, only in NRW, but there it is as 11ant says. Exemption is the express lane if everything fits. You want an exception, you can forget about that in this procedure. So classic (simplified) building application procedure.

Litigation etc. won't get you anywhere in this case. You will have to wait. Autumn is the best case, more likely spring 2019. Your office really messed up here, to put it bluntly.
 

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