Extending building land around garden land - Effects on building envelope

In RLP there is no Gutachterausschuss.

Of course: Gutachterausschuesse.rlp.de

The building preliminary inquiry is as unnecessary as a goiter here, because the variant that is desired does not work without registering a building encumbrance and/or land acquisition. Therefore, the building preliminary inquiry - as long as these conditions are not met - will be 100% negative, that is a one-minute decision.

A phone call with the building authority and me takes 10 minutes, then the builder has 2 options to choose from on how the building project can be realized.

Believe it or not - I do this every day, it’s my job.

Best regards
Dirk Grafe

Learned something new again. So far, we had no contact with the [Gutachterausschuss] in the council, although we have designated new development areas and are currently launching another one. We are advised by external companies.

The data is certainly obtained from the [GA]. I have bookmarked the page.

From my own experience, however, I can report that phone calls from our architects to the building authority were pointless. Email was problematic. They insisted on a preliminary building inquiry, which was not even submitted to the committees for consultation. In the end, however, this very inquiry was decisive, and we were allowed to place the house and build the roof shape as initially requested. The administration was aware and should have commented on it. The building application was initially rejected only to be approved weeks later.

In our case, the neighborhood had to sign that they agree with the surveying, boundaries, and building. We are the only house being newly built, not in the adjacent new development area but in the existing area. That was a requirement from the building authority.

From my own experience, I can report that phone calls from our architects to the building authority were pointless. Email was problematic. They insisted on the preliminary building inquiry, which was not even submitted to the committees for consultation.
In the end, however, exactly this inquiry was decisive, and we were allowed to place the house and build the roof shape as already requested. The administration was informed and should have commented on it.
The building application was initially rejected only to be approved weeks later.

With us, the neighbors had to sign that they agreed with the surveying, the boundaries, and the construction. We are the only house that is being newly built and not in the adjacent new development area but in the existing area. This was a requirement from the building authority.

Hello,

I don't want to elaborate unnecessarily, but encumbrance entries are a completely different field. If a building project is planned differently than the "standard" and thereby triggers encumbrances auslöst, then a preliminary building inquiry without the corresponding encumbrances is completely pointless.

You cannot "cure" an undesired roof shape (your example) through encumbrances. However, you can – and that is the intention here – "cure" setback distances and shifts within the building envelope by means of encumbrances. And unlike the roof shape, there is a legal claim to this.

With deviations concerning the roof shape, you therefore have to say "please, please" – but with the displacement of the building structure that you cure through encumbrances, you do not have to – quite the opposite. If the caseworker hampers the registration of a possible encumbrance by delaying (which is the only option given to him if the parties involved want to agree to the encumbrance), then the building project is ... automatically approved after the deadline associated with the application for registration in connection with the specifically submitted building application expires.

If the building application is approved by expiration of the deadline or similar, the authorities have no possibility to demand encumbrances afterwards, even if this would be necessary under building regulations, because there would no longer be any owner to force to sign.

Best regards
Dirk Grafe