Evaluate development plan, possible amendment proposals

Hello,

first of all, many thanks for this great forum. I have already absorbed a lot of information.

We have reserved a plot of land which, if nothing goes wrong, we would like to buy this month.

Now we still have a few questions about the development plan. It dates from 1970. The plot is located in BaWü.

We have an appointment at the building authority of the municipality next week and want to prepare ourselves. Actually, we are thinking of a flat roof with two stories, which we will also propose, but I think that will be difficult in view of the development plan.

However, we are not entirely opposed to alternatives (flat gable roof).

Now we want to find out in advance whether there are already any current no-gos in the development plan?

According to the plan, only one story is allowed (I think that includes 1.5 stories, since the current house is also 1.5 stories). There is a knee wall height of 50 cm. Here I would ask whether a higher knee wall (> 1.50 m) can also be allowed.

Are there any other things that at first glance would no longer be up to date or difficult to implement? Something like building height should be okay.

Otherwise, I would ask for a higher knee wall and a lower roof pitch.

The plot is number (9) on the plan.

Many thanks in advance.

What do you mean by today's no-gos? Just because a development plan is old and what is stipulated in it is no longer modern, doesn't mean it is no longer valid. Definitely clarify in advance (which you also intend to do) what is allowed deviating from the development plan before the purchase and get it in writing.

Are there already any today's no-gos in the development plan?

Name an example. I don’t understand what your question is aiming at. A single-storey house with a gable roof is still common today. Otherwise, I don’t see any provisions that prevent modern development.

I think that also includes 1.5 storeys

Half storeys do not exist in building law. Here, only full storeys and non-full storeys are distinguished. The definition can be found in the state building code that was valid at the time the development plan was made public.

Here I would ask whether a higher knee wall (> 1.50m) can also be allowed.

Asking doesn’t cost anything. Do you also have a justification? The underlying Federal Building Act of 1960 allows exemptions according to § 31 Exceptions and Exemptions ... (2) Otherwise, the building permit authority can, in agreement with the municipality and with the consent of the higher administrative authority, grant exemptions if the implementation of the development plan in the individual case would lead to an obviously unintended hardship and the deviation is compatible with public interests considering neighborhood interests, or if reasons of the welfare of the general public require the exemption. Do a field comparison with the development plan and note all buildings that obviously deviate from the development plan. The fewer cases you find, the better your justification must be. The same applies to

lower roof pitch

Our development plan is also "outdated". The limitation of the wall height does not allow two stories of 2.6 m each or even more with the current floor constructions required for underfloor heating.

Although the newer development plan of the parallel street (!) already permits 30 cm more height than our development plan, we barely managed to get about half of that approved. They did not want to let us reduce the roof pitch.

You can talk, but it should be well thought out.

Thank you very much for your answers. That has already helped me a lot.

Then I will try to work on the explanation over the weekend :-)

Thanks again!