wpic
2023-11-20 17:08:51
- #1
You are proceeding correctly if you first clarify which options for action you have under construction and planning law in this specific situation, particularly according to §35 of the Building Code (Außenbereich).
The so-called "privileged use" under §35 of the Building Code has naturally expired after two generations. Nevertheless, authorities will be open to it if you want to repurpose the buildings for residential use within the family. Specific restrictions may certainly apply (Außenbereich/possibly nature reserve/possibly today water protection area/monument protection, etc.). These must then be incorporated into a draft concept and initially clarified with the building authorities in a personal discussion. As a rule, the authorities are cooperative if you present a professionally well-thought-out plan.
With certainty, your project will first be coordinated in principle with all involved authorities in the form of a preliminary building inquiry. With a positive preliminary building decision, the building application can then be submitted.
From the outset, commission an architect who demonstrably has experience with building on existing structures and who knows how to deal with the specific issues of such property situations. A construction consultation by the architect is also helpful initially, in which all these questions can be addressed and possibly partially clarified.
All extensions by your ancestors will have been carried out without a building permit, including the attic conversion. According to your description, officially only the ground-floor apartment exists. This situation must also be officially negotiated with the authorities. Avoid trying to deceive the authorities – that does not work sustainably and consumes your energy. Dealing with sleeping dogs is also familiar to the authorities; experienced authority representatives can quite accurately assess how the situation is with you. At the latest, the architect is obliged to provide a truthful representation of the existing situation when submitting the preliminary building inquiry/building application.
Moreover: if you demolish, the buildings lose their existing use rights. Then, as a rule, nothing may be newly built. Whether you can moderately extend/raise etc. within the scope of the repurposing must be negotiated with the authorities. The concept must be convincing.
The so-called "privileged use" under §35 of the Building Code has naturally expired after two generations. Nevertheless, authorities will be open to it if you want to repurpose the buildings for residential use within the family. Specific restrictions may certainly apply (Außenbereich/possibly nature reserve/possibly today water protection area/monument protection, etc.). These must then be incorporated into a draft concept and initially clarified with the building authorities in a personal discussion. As a rule, the authorities are cooperative if you present a professionally well-thought-out plan.
With certainty, your project will first be coordinated in principle with all involved authorities in the form of a preliminary building inquiry. With a positive preliminary building decision, the building application can then be submitted.
From the outset, commission an architect who demonstrably has experience with building on existing structures and who knows how to deal with the specific issues of such property situations. A construction consultation by the architect is also helpful initially, in which all these questions can be addressed and possibly partially clarified.
All extensions by your ancestors will have been carried out without a building permit, including the attic conversion. According to your description, officially only the ground-floor apartment exists. This situation must also be officially negotiated with the authorities. Avoid trying to deceive the authorities – that does not work sustainably and consumes your energy. Dealing with sleeping dogs is also familiar to the authorities; experienced authority representatives can quite accurately assess how the situation is with you. At the latest, the architect is obliged to provide a truthful representation of the existing situation when submitting the preliminary building inquiry/building application.
Moreover: if you demolish, the buildings lose their existing use rights. Then, as a rule, nothing may be newly built. Whether you can moderately extend/raise etc. within the scope of the repurposing must be negotiated with the authorities. The concept must be convincing.