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

  • Erstellt am 2018-09-20 14:16:28

Escroda

2018-09-20 19:53:25
  • #1
No. It is about the public dedication according to BbgStrG (Brandenburg Road Act). For example, if it is an agricultural road, it is usually not publicly dedicated and therefore not suitable for the development of the property. Cities and municipalities are generally reluctant to accept individual public-law obligations (here then necessary development obligation in your favor). §65 BbgBO (too much to quote); very briefly: architects and civil engineers The map section is very small for an assessment according to §34 Building Code, especially the southwest is missing. In view of your statement I will better not elaborate on this point further.
 

PotsDame

2018-09-20 20:38:25
  • #2
Here are two more pictures, larger view and definitely with land use plan :). (Edit: was too big, hopefully you can still make something out in the compilation..)

I think it's completely okay that all "real" construction measures have to be thoroughly checked, according to the law, etc. But we just want a minimal (but binding) statement about the building feasibility itself. Is that really so difficult?!
 

PotsDame

2018-09-20 20:41:57
  • #3


Regarding the development burden: the road from north to south is fully developed with water, sewage, etc. Does this imply public dedication? The StarsS is not in good condition; a costly renovation is probably looming in the long term. But it should still be usable for the construction site....
 

Escroda

2018-09-20 21:42:41
  • #4
Yes, that looks good. So the entire plot is already residential building land. And to the south, there are apparently already residential houses accessed via this street. That makes it more likely that the street is dedicated, but it is not certain. Also, the existing development is not exactly abundant, so you cannot speak of a building gap. §34 offers a lot of leeway. Something must have prompted the agent to speak of land intended for building. Make an appointment with the technical building supervision of your district and get personal advice there. If you then still have serious interest in the plot, do it like , and have the clause with the positive preliminary building permit request included in the purchase contract.
 

PotsDame

2018-09-21 12:32:40
  • #5
Today I went to the building authority outside of office hours and got lucky. The clerk was probably already in weekend mood and briefly looked up the plot. Result: Outside area and therefore Paragraph 35 and therefore hopeless... A pity, but at least only time and brainpower were spent. And not also no money

Thanks for your help, will definitely come back to you again ;)
 

11ant

2018-09-21 13:05:12
  • #6
If the buildings marked on the map, which are surrounded within shouting distance, do not belong to different districts and/or are all used for agricultural purposes, I can't quite imagine it. Some neighboring plots still look, judging by their layout, intended to be used as fields; the row where you want one would be suitable for beekeepers or allotment gardeners. "Land designated for future development" also seems a bit odd to me in the context of "outlying area."
 

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