querys_
2019-05-18 16:22:56
- #1
Dear forum members,
this is about the property from the attachment. It is located on the Federal Motorway 3 near Cologne. The property has belonged to the family for about 60 years. It has now become a building gap.
About a month ago, we submitted a preliminary building request. Today, the announcement of rejection came from Straßen.NRW unless we respond.
Our planned house violates the 40m protection zone by about 8m and the garage is only 11m away from the motorway.
If the 40m protection zone must be observed, the property cannot be sensibly developed (see second picture). This is an estimate by me; only a "triangular" building area of about 80 sqm remains. A terrace would also have to be included in this.
Nevertheless, taxes for building land have been paid on the property for 20 years, and of course it is fully developed. The houses south of our property belong to the city and are refugee accommodations.
Does anyone have tips for justifying the "special hardship"? Does anyone know of conditions that can be offered?
The following ideas came to my mind:
- Proximity to parents/in-laws (500m up the street)
- Property has been in the family for decades
- High soundproofing of windows and walls
- Ventilation system
- If it cannot be built as we proposed, the property is basically not sensibly developable
- Garage with demolition requirement if demanded by the motorway / Straßen.NRW. The motorway is already expanded to 3 lanes at this point; renovation is planned from 2025, an expansion to more lanes is very unlikely based on current knowledge (but of course, who knows what will happen in 40 years).
Please do not discuss the property/the location itself here.
Thank you very much for your help!


this is about the property from the attachment. It is located on the Federal Motorway 3 near Cologne. The property has belonged to the family for about 60 years. It has now become a building gap.
About a month ago, we submitted a preliminary building request. Today, the announcement of rejection came from Straßen.NRW unless we respond.
Our planned house violates the 40m protection zone by about 8m and the garage is only 11m away from the motorway.
If the 40m protection zone must be observed, the property cannot be sensibly developed (see second picture). This is an estimate by me; only a "triangular" building area of about 80 sqm remains. A terrace would also have to be included in this.
Nevertheless, taxes for building land have been paid on the property for 20 years, and of course it is fully developed. The houses south of our property belong to the city and are refugee accommodations.
Does anyone have tips for justifying the "special hardship"? Does anyone know of conditions that can be offered?
The following ideas came to my mind:
- Proximity to parents/in-laws (500m up the street)
- Property has been in the family for decades
- High soundproofing of windows and walls
- Ventilation system
- If it cannot be built as we proposed, the property is basically not sensibly developable
- Garage with demolition requirement if demanded by the motorway / Straßen.NRW. The motorway is already expanded to 3 lanes at this point; renovation is planned from 2025, an expansion to more lanes is very unlikely based on current knowledge (but of course, who knows what will happen in 40 years).
Please do not discuss the property/the location itself here.
Thank you very much for your help!