Municipal development plan insufficiently executed, what applies?

The original development plan and the amended development plan read the same in this regard. No exclusion of dormers, gables, or roof cutouts. Even the knee wall remains unchanged, although no longer in the same wording.

The effort of a wording change is usually not made if, from a legal perspective, there is no explosive potential. Secondary gables are rarely excluded, as are roof cutouts. Dormers or cross gables are often - popularly limited to a maximum of one third of the eaves length. Typical restrictions for subsidiary ridges are required distances to the main ridge, and occasionally cross gables are excluded where only genuine dormers are considered regionally typical. Especially in Lower Saxony, I cannot imagine a rejection of a captain's gable - but I can imagine that my view, that redundant captains do not correspond to the regionally typical building culture, is shared.

Here is the corresponding text section:



I am just wondering how a house with a 50 cm knee wall and 2 full stories looks to the creator of the development plan? Off the top of my head, I can only think of a mansard roof or maybe a barrel roof. I also do not read that dormer windows or other gables are excluded. Therefore, I would submit a preliminary building inquiry with the representation of the gables and explicitly ask about it. The rejection would then have to be reasonably justified or the building application will be approved. We ourselves have just enforced our building application against the municipality because the rejection was absurd. However, it took a bit of time.

I am just wondering what a house with a 50 cm knee wall and 2 full floors looks like to the developer of the development plan?

That is village there! But really! Many conventional houses with 45 or 50 degree gable roofs and several dormers. That already qualifies as two-story.

The district shares this view, at least verbally over the phone. The municipality clearly says no.

Those who ask a lot get too many answers ;)

But if the development plan is so imprecise,

It is not imprecise, but very simple. Those who want to build something exotic are not welcome there. That's just how it is.
However, I see no problem at all if you let a good architect work who knows the area and the municipality.
And yes, you could also submit a building inquiry. But even then, it could be that you have to back down on your wishes.

Strangely, not far away stands a house like the one we would like to build ourselves.

Is the mentioned house located in the area of this development plan?

Is the mentioned house located in the area of this development plan?

I will answer the question myself:
[ATTACH alt="IMG_0576.jpeg"]80748[/ATTACH]
Yes. Here it is :) …
Then refer to the house. After all, it is the same development plan throughout the entire village.

Many conventional houses with 45 or 50 degree gable roofs and several dormers. That already leads to two stories.

It was precisely about the fact that dormers, cross gables, and stuff are not allowed, right? Then two full stories with a 50 cm knee wall are hard to achieve with a gable roof.

Thank you very much for the numerous responses.

We are actually considering a regional construction company that has already built a lot in the community. We have already approached them. They were basically optimistic about being able to implement our project according to our ideas. Of course, in compliance with the development plan, which was already known. But then when I talked to the community...
Our desired property was recently built by the same company about 1,000m away as the crow flies in a nearby new development area. However, that is a different community. The development plan of this community leaves fewer questions open in any case.

We will, if possible, have the desired plot reserved again; I have meanwhile canceled the reservation because I was fed up, and will ask to keep this reservation until the decision on the building preliminary request.
As far as I learned from the real estate agent, another interested party is proceeding the same way because the community initially expressed a negative opinion here as well. But then apparently said that one should please submit a building preliminary request. Which of course always involves a lot of time. Time that in the end can cost a lot of money.