Is the land use plan binding? Possibly a building window in forest area?!

Hello dear community,

I have been following you for quite some time - my husband and I would also like to move towards owning a home and building a house. We have already thought about a whole bunch of things, but we are still at the very beginning.

Currently, there is a plot of land for sale that the agent calls Bauerwartungsland. We understand that this term doesn’t mean you have anything concrete yet. At the moment, the plot is very overgrown and is probably classified as forest (at least under actual use it says "deciduous and coniferous wood").

However, you can clearly see in the attached picture that part of the designated parcel is intended as a building area in the land use plan (red-colored area?! - the black color is only for anonymizing street names etc.).

Now our question is, how binding is this for the building authority? If you are not allowed to build at the front on the street, could you possibly refer to the rear building window (is this the correct term here?)?

Unfortunately, the building authority is currently hard to reach by phone, and they are not responding to emails - now we are considering a formal preliminary building inquiry (to be sure before we possibly buy the plot) - is it possible to do this in a very minimalistic way, without a concrete building plan or drawing or anything, just a yes/no about the buildability of the plot itself?

This whole matter is really a jungle for a layperson...!

I have read so many helpful threads here, I am sure you can help us, share experiences or possibly further points of contact..?

Thank you and best regards! Anna

Bauerwartungsland

EXPECTATION!!! is the magic word. If it is not building land at the moment, you cannot build either. I know "Bauerwartungsland" that has been waiting for 20 years to become building land. Oh yes, you can tell from the price of the plot whether development might be possible soon.

Bauerwartungsland

That only means that one can speculate on it at some point. But actually, Bauerwartungsland means that it is currently not designated as building land in the land use plan.

However, from the attached picture you can clearly see that part of the designated parcel is intended as a building area in the land use plan (red-colored area?

Is this really from the land use plan, or is it from Boris? In any case, the picture is not conclusive.

Now our question is, how binding is this for the building authority?

First, I would clarify with them in the system what the actual situation is for the property.

Unfortunately, the building authority is currently difficult to reach by phone, and emails are not responded to

Go to the office. Most have consultation hours...

A land use plan is a "representation"; its legal relevance (in terms of "binding nature") compared to a development plan with definitive and binding "regulations" is rather negligible.

Building expectation land means that the land use plan creates the possibility to make building land out of it. This only happens with the zoning plan, and with the development then becomes a building plot.

Red / green I do not find explained here; but there are probably buildings in green as well. So probably not "buildable" equals "red".

Building envelopes only exist in the zoning plan. And that will not be where the property has the red corner.

If you are now a doctoral candidate, your professorship will presumably come before the entry into force of the zoning plan not yet drawn up (and also more securely). Building preliminary inquiries still make no sense for a long time.

Okay, thanks already for the answers.

The image is from the land use plan, which can be accessed online. You can also find a draft land use plan 2020, but it is not valid yet (there it was building land with a rural appearance or something similar).

The price is significantly higher than for forest, but still lower than for "real building land". That’s why we are considering the whole thing.

Above the marked property, construction has also taken place in the last five years, and that is completely outside the red building land area. Maybe that could be a point in our favor?