Floor area number of multiple parcels

  • Erstellt am 2018-12-28 10:37:08

Niloa

2018-12-28 10:37:08
  • #1
Hello,
I hope I have come to the right forum.
We are interested in a plot of land (Hessen) that consists of two parcels. One of them is marked as garden land in the land registry (green with three dots). Does anyone know whether the floor area ratio then only refers to the other parcel or whether the garden land parcel can be included in the calculation because it is a plot of land? The garden land is not to be built on, but of course more would be possible on the other parcel.
I have already inquired at the building authority, but due to the holidays I will probably have to wait a while for an answer.
Thank you!
 

nordanney

2018-12-28 10:44:03
  • #2
If it is explicitly garden land, it has no floor space index or plot ratio, as it is not buildable. Therefore, the floor space index should ONLY be applied to your building land plot.
 

Escroda

2018-12-29 17:38:00
  • #3

The cadastre only documents the actual use at the time of the last survey. It has no building law significance.
What matters is what the development plan says about the intended use of the property. If the development plan designates private or public green space, it is as states. If it is no longer within the scope of the development plan, it must be examined more closely which planning law applies.

Is it? A property in terms of the land register and thus a building plot are only two parcels if they are recorded on one land register sheet under one consecutive number. Otherwise, they must be combined before submitting a building application.
 

Niloa

2018-12-29 21:06:52
  • #4
A development plan from 1988 exists. The property also consists of two parcels there. However, nothing is described regarding further use (garden land). By "one property" I mean that it is already being used as one property with a house on it, but that only applies to the "building land parcel". I do not know what is stated in the land register.
 

Escroda

2018-12-30 07:53:38
  • #5
And what is described there? If the parcel is within the scope of the development plan, it must set something. If it is not one of the uses from §1 (2) 1.-11. Land Use Ordinance, then it is not building land and the areas cannot be included in the calculation of the floor area ratio/site occupancy index. That is exactly why I am asking. It is very unlikely that the two parcels constitute one plot in terms of building law. Therefore, independent of the stipulations of the development plan, the floor area ratio/site occupancy index must be calculated and observed separately for each parcel. However, if the development plan sets, for example, WA (general residential area) for both parcels, then it could be examined whether the parcels can be combined. Then you would have one large building plot, which must comply with the floor area ratio overall. But if the development plan sets large parts of the parcel as forest, green area, or agricultural land, then even the combination is of no use, as these areas may not be considered in the floor area ratio calculation for determining the size of the building plot.
 

ypg

2018-12-30 10:18:08
  • #6
You don't see that. Does the garden land belong to the same owner as the plot? He doesn't fence both separately, he doesn't have to and doesn't do it. There are many plots consisting of several cadastral parcels. Some parcels are extremely small. But just for understanding. Normally I don’t write when our expert writes in the thread. But I had the same: unification of ownership yes, expansion no. Reason as says: Garden land has no floor area ratio, so it cannot be included. Expansion neither.
 

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