Impermissibility of exceptionally permissible commercial enterprises

  • Erstellt am 2018-02-26 14:52:33

andreashm

2018-02-26 14:52:33
  • #1
Hi,
in almost all construction areas around here, the following passage is stated in the development plan:
"Type of structural use - Permissibility of uses
(§4 Baunutzungsverordnung in conjunction with § 1 Abs. 6 Baunutzungsverordnung)
In the designated [general] residential area, the otherwise non-disruptive commercial enterprises, horticultural businesses, and gas stations exceptionally permitted according to §4 Abs. 3 Baunutzungsverordnung are inadmissible according to §1 Abs. 6 Nr. 1 Baunutzungsverordnung."

(Spelling and grammar mistakes are original)

I run a business on the side in the form of a small GmbH. Apart from me as the managing director, it has no employees and is operated in the office room of my residential house. Does the above paragraph now mean that this would not be allowed in the new building, or is this form of use allowed in any case?

For background: There is no increased traffic as the entire business is conducted only online. Not even increased delivery traffic is to be expected since it is a service business.
 

Nordlys

2018-02-26 18:08:26
  • #2
Where there is no plaintiff, there is no judge. In our neighborhood, [Kosmetik Tamara] has just opened. Well, then let her Russian clientele paint themselves full of lipstick. We don't mind if Ludmilla visits Tamara with the black BMW X5....
 

andimann

2018-02-26 18:27:40
  • #3


I thought the same. In the OP's case, it's even better; he seems to run his home office without any visitors. That really shouldn't matter at all.
Whether it is legally permitted, I cannot judge. I would avoid asking at the building authority, better not to wake sleeping dogs.

As long as you sit comfortably in your house at the computer and make some phone calls, no one can complain.

Best regards,

Andreas
 

andreashm

2018-02-26 18:47:08
  • #4
Well, letting sleeping dogs lie is one thing. After all, a business registration change must be made and the entry in the [Handelsregister] must also be adjusted...
 

Nordlys

2018-02-26 18:55:38
  • #5
But that does not happen in the district building authority! And offices rarely cooperate, almost never. See Berlin Christmas market Anis Amri. ...
 

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