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

Question 1) If you want to build so far back and downhill, how do you then get rid of wastewater? 2) What is the giant front garden supposed to be for? 3) Suggestion: Move the house as far as possible to the southeast. So that a lot of west sun can reach the land. Karsten

1) We pile up earth on the east and west, then only the basement sticks out at the back in the north, the drainage then goes forward towards the street. 2) Giant front garden where? In the south? I want as much garden as possible in the south, that’s obvious. 3) But exactly that is not possible, right?

Where/how is this assumption recorded if there is no building encumbrance known in BY?

I don’t know in which folder the LRA files this. You have to ask on site. Maybe they generally do not make use of this option and insist on the land register entry.

In NRW, where according to §6 State Building Code a building encumbrance would actually be required, it is often enough for the approval authority if the neighbor’s consent, which is stated on the site plan and/or the construction drawings, is signed by the neighbors. Argument: §73 ... Deviations from § 6 are particularly permissible if the project does not impair neighboring interests more strongly or only insignificantly more strongly than a development of the property that would be permissible under § 6. ... The neighbor thus confirms that they are not impaired. This confirmation is taken with the construction documents into the building files without appearing in the building encumbrance register.

3) But exactly that is not possible, right?

Why not?

...
The neighbor basically confirms that he is not affected. This confirmation is then taken with the construction documents to the building files, without appearing in the register of encumbrances.


Why not?

Who then "remembers" that the neighbor is no longer allowed to build on part of his property because my setback falls into it?

Yes, and the risk is great for the neighbor to take over the area, what if the development plan does not pass after all and then? How could the neighbor then force me to give back his share of the property, which I cannot do because I need it for my setback?

Sorry, but you are somehow totally planning past the property. :-( How is the path from the street to the front door supposed to look later? It will be terribly long. By the way, the northeast corner also turned out to be the one with the evening sun for us. And it’s not 15 m in front of the house for us, even though we keep significantly less distance to the back boundary than you do in the "nicht gewollten" variant.

Well, I myself only have to walk from the garage to the front door, so for me personally, it is negligible how far the way from the street to the door then becomes...

Maria, so you mean you would leave "hab ich" as it is to save steps?

Yes, and I also know a lot of people who have less than 15 meters between the street and the house, but I HAD to buy the 170 sqm in the north afterwards, then I would also like to use it

How would you put the house in better, in your opinion?

Attached again as an image

What this picture makes clearer to me above all is that you are better off with the plan variant in my opinion than with the desired variant. If you are allowed to rotate the ridge direction, then do it that way. Then you initially don’t have a long side of the house facing north. Then you optimize the distances to achieve maximum west garden.

but I HAD TO buy the 170 sqm to the north afterwards, then I would also like to use it

Child and dog are not bothered if the play meadow is not baked by too much sun. Show your floor plans again, then we can think about how the 90° rotation of the house might suggest internal adjustments.