Non-buildable plot according to Paragraph 34?

Hello everyone, we are currently interested in a plot of land. We could buy a partial area (approx. 500 sqm) of an approx. 3000 sqm large and already built-up plot.

Unfortunately, the city is being somewhat obstructive, with the reasoning that building in the 2nd row would not be allowed. This is understandable to me to some extent. However, within a radius of 100-150 meters in the immediate vicinity, there are also several plots that have already been built on in the 2nd row. The houses there have also not been standing very long (approx. 10 years).

Can I now classify this as "arbitrariness" and just keep looking, or has someone experienced something similar and still been able to build? Since plots that are not located in new development areas are rather scarce here as well, I do not want to give up so quickly.

Thanks for your assessments

Best regards Heiko

Is building in the second row really not allowed there? If that is the case, then at least it would not be an arbitrary decision, but one that correctly classifies the legal permissibility.

It is possible that building was allowed there in the past. Or someone simply mistakenly approved building there. Unfortunately (or fortunately), you cannot use a wrong decision as an argument to proceed in the same way.

But you can submit an application and have it rejected. The rejection is an administrative act against which you could file an appeal. In my humble opinion, the chances are close to "0". Alternatively, you can of course try to have the city change the development plan during the procedure and later allow rear building in this area. However, the question is when this "later" might be. If successful, we are talking more about years than months.

I would probably keep looking, unless it is THE one true, ultimate, bliss-bringing plot without which continuing life is hardly imaginable.

To my knowledge, the 2nd row is not explicitly prohibited. The development in the area is generally based on the existing buildings. And as shown, these are also partly found in the 2nd row. The definition of the "immediate surroundings" would be interesting... The property is already very nicely located. I am also willing to overcome some obstacles. However, I do not wish to take legal action.

Best regards

Then I would probably take a few photos and arrange a meeting with the responsible caseworker. He will hopefully clearly explain the reasons for the failure, but maybe he is also generally willing to talk. "Unmittelbare Umgebung" would certainly be interesting. Toitoitoi.

Thank you,
I will think of a strategy. Photos are certainly helpful for that. The bird's-eye view of the map views is also quite informative.

Best regards

Hello Heiko,

please post a current map excerpt and the land value map, then more can be said about it. I would also try to gain insight into the building permits of the existing rear development, that might also help you.

Best regards
Dirk Grafe