No building permit - splitter settlement, nature conservation, outer area

Hello house building forum community,
I'll keep it brief so nobody has to read lengthy texts:

My building application for a single-family house was rejected because:
- Outer area (even though there is a single-family house right next door on the left and a settlement with other single-family houses two plots away)
- Building a house would conflict with nature conservation
- It would be the consolidation of a fragmented settlement
- An approval would encourage other building requests

Apart from the fact that all connections are already available on the property and there was a single-family house there until 2000, anyone who knows the location holds their head and wonders what the building authority was thinking.

What would you do now? Or do you have experience with similar cases and how did they turn out?

Thanks

Hello Hausbauer3000,

what a stupid situation! Well, the outer area is always very problematic and exactly the 4 reasons you quote from your building authority are also the ones that are almost always brought up. There are the well-known exceptions (agriculture, long-term self-occupied property, etc.), which do not apply to you. There is actually a member here in the forum who managed it - however, at the time of the building application there was still an existing building. It was a ruin, but the plot was not empty.

I know you wanted to keep it brief, but without context we can’t get any further here. The following information could help experienced members to assess your situation:
- In which federal state is the plot located?
- How did you come into possession of the plot?
- Did you already speak to the building authority before acquisition (or before the building application)?
- When were the last houses in the vicinity built?
- How far is it from the outer area location in all directions to the nearest inner area?

Especially the last question (together with your statement "anyone who knows the location will be baffled") could possibly be an approach. I also once considered buying a house that was in a settlement of about 20 houses. However, this settlement was outer area, although on one side a settlement of inner area directly bordered it, and on the other side as well (only separated by a railway track). You couldn’t feel any difference to the outer area. However, the building authority did not show any willingness to accommodate, which is why I gave it up.

Is it about the plot of land marked in pink?

Every person who knows the situation holds their head and wonders what the building authority was thinking.

What would you do now? Or do you have experience with similar cases and how did they turn out?

And everyone who knows the word Außenbereich holds their head and wonders why you are trying to build a single-family house there.

Well, personally I would speak up and listen very carefully to all four points to see if and how something can be done about it, what the real concerns are.
However, the situation is probably already so cemented by the Außenbereich that the office has no possibility of approval, even if the employees wanted to.

You could also consult a construction law attorney via an initial consultation (€226).

I am also the owner of a plot of land that is just outside the designated building area. The utility lines also extend up to just before the plot.

In December 2020, I spent 1.5 hours with the neighboring landowner at the municipality to discuss our building pre-application. The result was: the building pre-application was withdrawn, and we were told to forget about building there. In December 2021, there was a surprising call from the mayor himself, saying we could start planning. Another building area in town was rejected by the district, and as a reaction, they presented our building desire at the other end of town. To our surprise, this was immediately well received with a verbal approval. Despite everything, it will still take longer until the entire rezoning is officially completed.

I can only advise making as many positive contacts as possible with the official local authorities. They are usually dependent on decisions made at higher levels, but if they support the project, they will try to set the course in the right direction. Above all, you need stamina, as this can sometimes take years.

Because I read building application, didn’t you submit a building pre-application at the beginning of the whole process?

You need allies in the administration for something like that. Legally, there is nothing to be done, the situation is clear. Unless you become a farmer or something like that.