Is it possible to change a land use plan / development plan?

  • Erstellt am 2012-08-17 14:32:48

MichelHB

2012-08-17 14:32:48
  • #1
Hello everyone,

we have the prospect of obtaining a plot of land to build on. It is an already developed plot of about 1400m², the house standing on it is to be demolished.

Now to the problems:

1.) According to the land registry office, the plot is not divisible. The plan from the authority dates from 1980. We would like to divide the plot into 2 halves, preferably crosswise, so that one plot directly borders the street and one without direct street access is further back.

2.) According to the development plan or land use plan, the plot may only be built on from the street side as far as the current house. The rear half, or even a little more, may therefore not be built on. Allowed to be built are a single-family house, semi-detached house, or a row of three houses. Maximum 11m high, 3m free on the left and right, and definitely not further back than currently built.

As you can see in the plan, there is already a driveway to a house located further back (the plot belongs to the house owner and is part of the family ;-) )

If I am not mistaken, the floor plan of a house may be a maximum of 40% of the plot area, so even with a division, two nice detached houses could be built.

All around there are almost only single or semi-detached houses, so the street view would not be changed.

What are the possibilities to enforce a change of the city’s plans at all, or are there no chances at all?

How should the time effort / cost effort for this be estimated?

Thank you very much, I am already looking forward to your answers.

Best regards

MHB
 

Wastl

2012-08-17 15:37:23
  • #2
If the development plan stipulates it this way and the municipality/city refuses to deviate from it, you can try to have the administration replaced by the district office. However, you need good reasons for this. For example, because the neighbors have already built that way (i.e., equal treatment or something similar). Otherwise, your chances are slim. There are development plans for this exact reason, so that not everyone builds wherever and however they want! 40% of the plot area is incorrect. That is stated in the development plan. There are two key figures: footprint (=ground area) and floor area ratio (floor area ratio). The ground area can be given as an absolute number (e.g., 90 = 90 sqm sealed area) or as a percentage of the plot area. Then your 40% may be correct again. But this is specific to the development plan in each case.
 

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