Is the building plot according to the land use plan a biotope?

Good evening everyone,

as I already hinted in my introduction, I have a question about a building plot that I would like to buy—if I am allowed to build there.

The plot is privately owned. The total area is 2,200 sqm. According to the seller, 750 sqm of that is building land because proportionate development costs were paid for these 750 sqm back then. Currently, the rear part of the property is leased as an orchard meadow, and the front part is unused. Right at the front, directly on the street, there is a garage; the landowner used to store garden tools there, but it is now empty.

Since the plot borders directly on the cemetery, I simply asked the municipality how building regulations look there. The head of the building authority sent me an excerpt from the land use plan, in which the entire property is designated as a biotope.

To better imagine this: if you look at the property from the street, there is a road on the left (which becomes a land consolidation path after 50 meters), then the said plot, which is about 16 m wide at the front but becomes wider toward the back, and directly adjacent to the right is the cemetery, followed by another road. The municipality has now recommended submitting a preliminary building inquiry for the plot; then the municipality would first decide whether building is allowed there, and, if positive, it would still have to be approved by the district office. It is quite possible that we could build in the front area, directly on the street, to a certain point toward the back. But maybe not because of the biotope.

I am currently stunned that it might not be possible to build there at all, even though the development costs were allocated.

Does anyone have experience with such a situation? Is there any tendency in such cases?

Many thanks in advance for your opinions, and if anything is unclear, feel free to ask questions.

Best regards, Heike

Look at §133 of the Building Code and the corresponding passages of your municipal statutes.

You don't need to be stunned by the development costs – if anyone should be stunned, it should be the owner. He seems to assume that he is offering building land, which is untrue according to the land use plan. Primarily his problem.

A way has been shown on how things can proceed with this piece of land. But that will cost you something, in terms of money and time. The purchase price of the property has definitely just decreased.

This is currently not even land designated for future development, but at most green land. Worth a few euros per square meter.