Landscape protection area - possibly purchase - many open questions

  • Erstellt am 2021-04-11 14:25:52

Nordlys

2021-04-11 19:50:03
  • #1
Eternit roof on the modern house. Asbestos hazard. The old building does not look dilapidated in photos. Fence and gate already exist, just need to be adjusted. So, check carefully.
 

Escroda

2021-04-11 19:56:04
  • #2

Too many to clarify in the forum and above all, too individual.

Here too, it depends heavily on the local conditions, what exactly has been protected, whether there is worth-preserving building fabric, which political majorities exist in the municipal council, and ultimately even on the subjective opinions of the caseworkers.

I consider that to be out of the question.

Yes, that is possible.

If it has no building permit, it does not have existing rights either.

A major renovation in the outer area is IMHO not possible without a building permit. So the dogs have to be woken up.

By advertising and seeing what people are willing to pay.

Interesting wording. Who granted the permission and why is living there allowed only temporarily?

Whether that counts as developed according to the meanings of the Baugesetzbuch? I don’t think so – definitely clarify with the building permit authority.

Sounds to me like corresponding usage restrictions – definitely inspect the Baulastenverzeichnis (charges register) (but it is subject to fees).

That doesn't make things easier, neither legally (Baugesetzbuch, §35, Abs. 4, Nr. 1 d) nor technically.

Because it may violate the BNatSchG, LNatschG or the landscape plan.

Yes, for agriculturally used properties. Keyword: privileged professional groups.

I’m not so sure about that. The wording in the seller quote smells like an illegal construction.

Oh yes. I know several cases where they had to dismantle it.

My tip: First roughly clarify the basic usability with the building and lower nature conservation authority and then consult a local architect experienced in §35 planning before purchase.
 

Myrna_Loy

2021-04-11 20:00:47
  • #3
No. Quite clearly: If you have no knowledge of timber construction, then take a carpenter, surveyor, or an architect specialized in old buildings with you. Building damage that you see from the outside is either the tip of the iceberg or the building is a ruin. Usually, there are dozens of layers of panels and insulation materials installed inside so that you cannot see the construction. Outside, then concrete, cement, oil paint, etc... makes it difficult for a layperson to see the damage. I think I see that the sill beam was either partially removed with concrete or plastered with concrete. An expert can more easily spot rotten beams through all that stuff and assess the quality. No exaggeration: Damage caused by persistent moisture, botched construction, or insect infestation can hide quite well but can also cause a ceiling to collapse. The entire statics depend on the wood and its secure bonding and good condition. Wall surfaces are only fillers.
 

Nordlys

2021-04-11 20:03:57
  • #4

Your expertise is unquestioned. However, you might be seeing things too negatively here; if an entire house passes as an unauthorized construction for decades, as you suspect, no one cares about a conservatory, especially since it does no harm to the landscape that is supposed to be protected. Negotiations with the authority regarding land sealing could also offer the non-preservable prefabricated garages for demolition, which so far apparently have not bothered anyone either. I think you can do something with the property. Is the newer house really unauthorized construction? That, however, can be easily found out at the office. Is it on the digital atlas of the area in the cadastral map?
 

Myrna_Loy

2021-04-11 20:11:25
  • #5
Depends on the respective authority - with us everything was checked. And at several on-site appointments it was checked whether the water-bound path surface really only has a gravel substructure. There are even requirements regarding which light sources are allowed outdoors (cold light, timer-controlled, for insect protection...).
 

nordanney

2021-04-11 20:43:59
  • #6

Because it is an outer area. There a permit is strictly required. Outer area means, basically, an area accessible to the general public. Fences, etc., are generally permissible within the scope of an agricultural operation (even a pasture fence must be permitted by the farmer), but rather difficult in the private sector.
==> stated in the state building code (of NRW)

See above.

Renewing is not the same as putting up a fence in the first place. Huge difference. Just like renovating (refurbishing) a house is different from demolition and (permit-required) new construction.

Until someone happens to pass by and sees it or or or...
 

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