Is building outside urban areas legitimate if there are already other houses?

  • Erstellt am 2017-09-21 16:54:25

Chris2806

2017-09-21 16:54:25
  • #1
Hello everyone,

my girlfriend and I want to fulfill our dream of owning a home. Since large plots of land have become almost unaffordable by now, we would be transferred the meadow behind the house from the parents-in-law (a total of 2 parcels, approx. 3000 sqm).

The problem, however, is that this is currently still outside the village. However, several other houses have already been built and approved outside the village (including the direct neighbor. The house was built by the father-in-law at the end of the 70s). In addition, the person handling the building application told us that he would not approve it from the outset, the employee responsible for preliminary building applications would approve the location, provided we build in alignment...
But we would prefer to position the house differently, as otherwise we would have problems with the yard and driveway. We also cannot really see any alignment. The houses are actually all over the place.
What do you think are our chances of getting approval? Or what else can be done to improve the chances?
For orientation, I have added a picture of the location.



Thank you in advance
 

Escroda

2017-09-21 20:01:43
  • #2
I assume that all buildings without house numbers are not residential buildings. Thus, house 1a would be the only residential building constructed in the second row within the entire map section. Furthermore, I assume that there is no development plan or other locally relevant planning regulations in the area of houses 1, 1a, and 3, such as a landscape plan or a preservation order. Then it would be worthwhile to take a look at the land use plan. If no residential or mixed building area is designated here, your chances are already poor. But even otherwise, I consider your desired location not to be approvable and agree with the opinion of the building preliminary inquiry processor, leniently assuming a factual building boundary along the northeastern building alignment of house 1a. What does planned building area mean? Development plan? What is the status of the procedure? Resolution to prepare, public participation, public display, legal validity? Where is the procedural boundary? Is your property affected? On what basis was house 1a approved (§34 or §35 Building Code, if the paragraphs were the same back then as they are today)? These are all questions that influence the approvability. It will be difficult to go against the opinion of the approval authority. If you have received two conflicting assessments from them, you should sit down with a local architect and, based on his assessment, talk to the head of the office, submit a building preliminary inquiry, or give up.
 

Kaspatoo

2017-09-25 09:23:41
  • #3
Have you ever approached the building authority of the district and/or the city and brought up the topic? You can’t harm yourself with conversations there. They will also tell you with which "affordable" building (pre)applications or other inquiries you can gain certainty. Because only with an official building inquiry (or similar) will you receive a legal statement. Everything else is guesswork and perhaps also wasted time. I also hesitated many times before I "dared" to submit the building pre-application. There were no statements over the phone except that this can only be answered through an inquiry. The sooner you ask, the more certainty you will get.
 

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