Is the land use plan binding?

Hello,

can a land use plan bindingly regulate the outer and inner areas of a village? There is no development plan.

My case: The property is located in the center of a village next to the church and kindergarten. For me, clearly in the inner area. The building authority says the property is in the outer area because it is not within the area of the land use plan.

Thanks gerrko

Mostly applies; the building authority is right. If you have a different opinion, usually only a lawyer can help.

Strictly formally, there are outdoor areas within the indoor area - designated in the land use plan. You can apply for a change or submit your building application anyway; it will then be treated as in a normal outdoor area, where residential development is actually not permitted, unless it is privileged or appropriate.

Good morning gerrko,

in my opinion, the plot is definitely within the inner area, but I fear that the land use plan is binding. Have you already spoken with the building authority about this? They probably won’t be flexible, right? Then only the help of a lawyer will probably help! Unfortunately!

Best regards!

I have a similar problem. Did you hire a lawyer and did that help you?

I am faced with approximately the same fact. Our land use plan designates my property as predominantly green space. I have now submitted a preliminary building inquiry, with documents from the waterworks and electricity supplier, stating that the property can be built on. Let's see how the building authority responds.