Exemption §67 Building Code NW rejected

Hello everyone,

shortly before the turn of the year, we submitted our documents and applied for the exemption according to §67 Bauordnung NW. Unfortunately, this was rejected and is now being processed as a building application according to §68 Bauordnung NW.

We had attached a copy of the development plan we have and marked the parcel on it. It was pointed out that the development plan valid since 1974 (last change until then) has not been valid since July 2015 (it was incorporated into another development plan), that the floor area ratio does not correspond to BauNVO §19, and the plot ratio is missing.

What happens now if our documents are processed further as a building application (as we requested)? The result of the examination should be the same, just with a fee notice, right? There is no explicit request to improve the floor area ratio and to submit the plot ratio.

The floor area ratio is missing the secondary areas such as house access, driveway, and terrace, which are counted at 50%. A plot ratio was not mentioned in the replaced development plan but perhaps in the current development plan.

The permitted floor area ratio is 0.4 - according to our calculation, it was 0.32 without secondary areas, with secondary areas I come to 0.37. The plot ratio is at about exactly 0.25 - I do not yet know the permitted maximum value here.

I will of course get in touch with the office; I just wanted to ask in advance what I should now pay attention to on my part.

Thanks and regards

Hello,

We submitted our documents shortly before the turn of the year and applied for exemption according to §67 Bauordnung NW. Unfortunately, this was rejected and is now being processed further as a building application according to §68 Bauordnung NW.

Your application contradicts the stipulations of the development plan.

What happens now if our documents (as we requested) are processed further as a building application? The result of the review should be the same, only with a fee notice included, right? It is not explicitly requested to correct the floor area ratio and to submit the plot ratio afterwards.

That depends on how much your application deviates from the applicable development plan and cannot be answered from here. The authority initially responded within one month; the deadline was met. Now all offices involved will participate in the decision; this can take up to 3 months, depending on the difficulty of the site to be developed. The authority will inform you in writing if it needs anything further to make the decision, which documents you have to submit.

A major difference can be found in the fee notice. For the simplified approval procedure, about €50.00 is charged (in this case the authority does not review, and your architect is liable for compliance with the development plan). In the regular building application procedure, costs can rise up to approximately €1,000.00.

Of course, I will get in touch with the authority; I just wanted to ask in advance what I should pay attention to from my side now.

You should especially do that to avoid your building application being rejected without cost because papers are missing. Unfortunately, you did not mention if your planner has ticked the boxes in the designated places.

Rhenish regards

Hello construction expert,

thank you for your feedback.

I understand the letter rather as saying that the floor area ratio was not calculated correctly and the plot ratio not calculated at all, so our documents are incomplete, but not that it contradicts the determinations of the development plan. Or where do you see that?

50 EUR only if you request a decision before the 4 weeks expire, otherwise it would have been free of charge. We are aware that now fees of 1000 EUR or more are at stake. But at least December 2015 still counts as the submission date and thus the old Energy Saving Ordinance.

Which checkbox are you referring to in the last paragraph? That is not quite clear to me.

Thanks again and best regards

Hello,

I understand the letter more as meaning that the floor area ratio was not calculated correctly and the plot ratio not at all, so our documents are incomplete, but not that it contradicts the provisions of the development plan. Or where do you see that?

Because the buildings must not contradict the provisions of the development plan, and you wrote about a change of the development plan or a transition to another one.

Which checkbox are you referring to in the last paragraph? That is not quite clear to me.

There is a field on the form, which is checked to serve the purpose, in case of doubt, not to reject the submitted building application with a fee, but to consult with the planner.

Rhenish regards