Official site plan and building permit / building application

Hey guys,
I'm once again curious about your experiences or knowledge: The official site plan also has to include the buildings located on the property (e.g., shed, etc.).
In our case, there is an old shed in the back part. Boundary development approx. 12m.

But we are planning a garage, and it should also be included in the building application.
What now? Will the garage not be approved? Will the application be rejected?
Actually, we would like to keep it at least during the construction phase to store and lock things up. If it doesn't work otherwise, it can go away afterwards since the garage is more important to us.
But how does it work with the approval of the building application then?

Or is there something like "existing rights" if the building/the shed has been there for years? It should be from the 70s.

Many thanks for your help.

Hello Thomas,

you have to clarify that with the architect/surveyor. It might be possible to rectify these constructions by submitting a building application afterwards, which, however, can trigger a building encumbrance either for the old building and/or for the garage kann. Possibly, due to the year of construction, you actually have protection under grandfathering, but this can only be clarified on a case-by-case basis – reliable information cannot be given to you here in the forum.

The architect and surveyor can quickly clarify this with the building authority or present you with the various options. It also depends on the local handling of the building authorities – some, for example, accept a condition for the building permit that includes a later demolition of the shed. Other building authorities reject that in principle.

Best regards
Dirk Grafe

Hello Dirk,

thank you very much for your response. Could you briefly explain again what is meant by the Baulast? I don’t think I fully understood that.

Would it be a possibility or helpful to obtain the neighbor’s consent? If he says, for example, that it’s okay, would we then have a chance? Just based on your experience.

I need to supplement/correct my above post, because in BB there are no building encumbrances (source Wikipedia), but only easements:

Brandenburg

Building encumbrances and the registry of building encumbrances existed only from their introduction by the last building code of the GDR in 1990 until 1994. Since then, the corresponding obligations according to § 65 of the Brandenburg Building Code are registered as limited personal easements in favor of the territorial authority that is the responsible lower building supervisory authority, in Section II of the land register.

I assume that the procedure is more or less the same, i.e., the building authority may require the registration of an easement for the garage and/or the existing structure (shed); otherwise, the building permit may possibly be refused.

Without plans and further information, this can only be explained roughly. Above all, your architect and surveyor (you need both anyway) have personal contact with the building authority on site and know how the respective procedure of the relevant office (and sometimes the individual employee) is. So I could explain 5 scenarios to you at length here, and your architect or surveyor on site might pick up the phone once and settle it completely differently in 5 minutes. Dealing with the neighbor alone probably won't be enough, if only because the easement presumably also has to be shown with the corresponding plans. A drawing on a beer coaster is not sufficient. ;)

So please ask the people directly; they do this every day and can help you much faster than can be solved/explained here.

Best regards,
Dirk Grafe

Thank you Dirk, that has helped me a lot. One question has arisen, as always :), from your text. Easements for the shed or garage: Do I need to have one registered for myself, or is it always the respective neighbor to whom the shed or garage belongs? Thanks for your help!

Mandatory on the servient parcel, which in your case is the neighboring property.

Some notaries - and I consider this to be correct - suggest to their clients to register it on both properties, that is once on the servient/encumbered parcel and once on the benefited parcel.

The consequence of this is that in the event of ownership transfers or corresponding land register inquiries, both variants always appear and no information is lost over time.

Best regards
Dirk Grafe