Logical procedure when purchasing land with buildability according to §34 Building Code

  • Erstellt am 2016-12-24 21:09:57

Nofret

2016-12-25 08:51:09
  • #1
Look at the neighboring buildings: what you see there will definitely be possible.
 

R.Hotzenplotz

2016-12-25 10:38:39
  • #2


I have done that (see above the italicized text; those are the building authority’s responses). They only conduct a building consultation if an architect’s draft is available. Until then, I have to live with the statements made so far.



I think we’re beyond that point when reading the contact with the building authority. In the area, there are almost exclusively bungalows or 1.5-story houses. However, there are also a few newer houses in the neighborhood with 2 full stories and flat roofs. And the building authority signals in the email that this would probably be possible as long as an open construction method is followed...

Otherwise, the topic would be settled for us. We have defined the feasibility of 2 full stories as a dealbreaker...

I just find it a pity that you can’t get into a conversation with the building authority without first having an architect’s draft. If I had only listened to the general contractor – “You will never get approval for 2 full stories there.” – then I wouldn’t even have bothered with the topic. But as I said, the building authority expresses itself differently in the email. The problem is, that is not legally binding and I trust a few lines in an email less than if you sit down for 20 minutes, calmly talk about the property, and then they give a clear oral signal that we can plan with two full stories and that maybe there will be some adjustments here or there if necessary...

After all, I have to buy the property before I have an approved building permit here... or you would have to commission the general contractor to prepare a comprehensive architect’s draft without knowing whether a notary appointment will even take place, etc.

I have sent the building authority the rough draft of the 200m² model house with 2 full stories and am still waiting for feedback on that at the beginning of January.
 

dohuli

2016-12-25 11:58:44
  • #3
I would just go directly to the office hours of the [Bauamt]. The employees probably only respond to written inquiries in writing. And because they have to be more cautious with written information than with verbal information, they will always give a standard answer that contains nothing binding. So that you can't come back later saying: "Mr. XY wrote ..., I even have that in writing."

Therefore, go there and tell them directly what you want and why you can't/won't go with an architect yet – basically exactly what you describe here.
It worked like that for us, and they were also very friendly and helpful.
 

DG

2016-12-25 22:23:24
  • #4
That sounds to me more like your general contractor has no idea or no desire to take care of it.

In the area of §34, you have to proceed exactly as the building authority suggests, because without concrete plans, the authority will not provide any reliable written information, except for the things that have already been communicated to you.

So there are three possibilities:

1. You buy the plot and then throw a preliminary draft into the room or work together with the building authority to explore what is feasible, which is basically based on the neighboring developments. However, this can lead to conditions being imposed during approval that you may not like. Therefore, it is advisable...

2. ... not to work with a general contractor or only do so if the general contractor has a capable architect who is knowledgeable in the area of §34 and can assess the possibilities in advance – that is, before the purchase. Or you submit...

3. ... also before purchase a building inquiry to gain clarity on certain disputed points. A building inquiry is only useful if it is not a standard inquiry but is designed so that the potentially critical points are presented in such a way that the authority can clearly take a position on them can. And must.

I would never build under §34 with a general contractor but always only with an independent architect from the region who knows the building authority and can provide several such projects as references. Or – which also exists – the general contractor works with an independent external architect who is capable of adapting the general contractor’s standard house to the specific conditions under §34 or in the concrete case.

Best regards Dirk Grafe
 

Similar topics
28.08.2013Separate land and generate building land? Where to inquire?14
28.12.2013Conversion of agricultural land to building plot, objection, building authority, building regulations12
17.06.2016Further procedure in case of rejection of the preliminary building inquiry35
16.07.2016Purchase Agreement for Land - Building Window - Preliminary Building Inquiry12
23.10.2016Secure the property17
27.02.2017Determination of land value of property with existing old structure25
18.02.2017Assessment of the buildability of a large plot according to §3417
11.04.2017Building authority wants site inspection114
04.07.2017Problems with the building authority due to soil slips and retaining walls!27
27.09.2017Procedure for land without a development plan11
22.01.2018Building on still foreign land - Waiting for building permit25
15.08.2018Basic floor area ratio / floor area ratio for plots without a development plan: How to calculate? Experiences?18
02.01.2019Opinion on this property desired!15
30.09.2019200m2 single-family house for 4-5 people without a basement on a narrow plot67
22.11.2023Location of city villa or single-family house on 500 m2 plot - rectangular585
25.02.2020Assessment of property sought - Article 34 redevelopment11
30.11.2020Building Authority Problems - Purchased a Defective Plot56
30.06.2021Build a 150-160 sqm single-family house in the parents' garden - overwhelmed!26
31.01.2023Plot with existing old building, new construction not possible11
26.09.2024Construction on the "Noch" property of the parents-in-law/Notarial solution?21

Oben