Fundamental buildability according to §34/§35 of the Building Code

  • Erstellt am 2021-01-16 18:50:52

HeißerWai

2021-01-16 18:50:52
  • #1
Since it has become clear to me from the discussions and that my planned project "Land Purchase and New Construction" is already threatened to fail at the basis (buildability of the property), I would now like to create a separate thread for this.

The planned property is partly located in the inner area (development according to §34 Baugesetzbuch), partly in the outer area (§35), see sketch in the attachment.

It is now clear to me that I can only achieve final clarity through an official inquiry, probably even involving the district office as well as the nature conservation authority. However, I lack the time for this, as the seller is currently not willing to wait so long with the sale.

Thus, my main concern here is to get an assessment of which type of development would definitely (or very likely) be possible, even in the case that no permission is granted for development in the outer area. A kind of "worst case" scenario, so that I can estimate whether the property could still be interesting under these circumstances or whether everything ultimately depends on the building permit for the outer area (which was assessed as very uncertain in the other thread).

My interpretation of the situation:

    [*]§34 is oriented according to the surrounding development. There are several single-family houses with 2 - 2.5 full floors and roughly the footprint we plan. Therefore, I assume that a building of similar size, with 2 full floors, and a similar roof shape (gable roof, possibly slightly flatter than the existing buildings) should be easily approvable, provided it is entirely located in the inner area?
    [*]As far as I understand Article 6 of the Bavarian Building Code, based on a wall height of approx. 6m (= "H"), distance areas of approx. 3m on the west and north sides of the property should be sufficient (as shown in the sketch)
    [*]Garages/ancillary rooms without exterior windows can be built right up to the boundary (max. 15m wall length on the boundary in total)

Do you see the above points the same way? What else do I need to consider regarding the inner area?

Whether a house as drawn in the sketch could ultimately meet our expectations, I am not yet quite sure, but at least I would like to understand whether such a development would be reasonably secure.

Thanks!!
 

ypg

2021-01-16 18:57:44
  • #2
What are the dimensions of your marked Blue? Why don't you extend it further south/downwards? You could become wider... Your garden gets enough sun. I can imagine that with a corner or for example 50 cm you could cross the magic boundary, possibly through a subordinate bay window.
 

HeißerWai

2021-01-16 19:06:32
  • #3
Yes, one could certainly expand further south (up to about 6m to the southern boundary, according to my understanding of the BayBO?). For me, it was more about whether the development in the inner areas and with the distance areas I mentioned is generally "safe" or if there are still other pitfalls and conditions that I am not aware of.
 

icandoit

2021-01-16 20:09:51
  • #4
I would mirror the house. Then place it on the red line. In the north, carport with storage to utilize the 9 m boundary construction.
 

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