andre_xs
2021-09-10 15:51:18
- #1
Hello everyone,
My brother and I have inherited a piece of land (approx. 4700 sqm, 2 parcels) that has been in the family for ages. Currently, there are horse paddocks on it. We are wondering if it is possible to convert it into building land?
We received the following information from the building authority:
the requested parcels are not located within the scope of a legally binding development plan pursuant to § 30 of the Building Code (Baugesetzbuch) and not within a locally developed area according to § 34 of the Building Code. From a planning law perspective, the area is to be classified under § 35 of the Building Code – outer area –. The land use plan designates this area for agriculture or forest. All construction projects must therefore be assessed according to § 35 of the Building Code. Furthermore, the parcels are located in a flood zone, so it can be assumed that a change to building land is not planned in the near future.
However, it should be noted that the land directly adjoins a developed settlement (on two sides, backyards border the property). On the third side, there is a local road. The fourth side borders the remaining outer area/flood zone. The area is located within the city of Braunschweig (rather on the outskirts).
As far as I know, the existing settlement and the road are about 1-2 meters higher compared to our land. That means, to convert it into building land, the property would probably have to be filled accordingly, thereby reducing the flood zone.
I have already inquired about the general procedure, but still have a few questions:
1. Realistically, how likely is a re-zoning in such a case?
2. I have often read that this is decided by the municipal(?) council. In larger cities like Braunschweig, are such plans made by local districts (e.g. Weststadt, Schwarzer Berg, Querum, Riddagshausen), or is it centrally decided by the city council of Braunschweig?
3. If there are certain chances for such a re-zoning, how long does it roughly take?
At the moment, we mainly want to get an overview of what we should best do with the land. Build and live on it ourselves, sell it as outer area (approx. €5/sqm), actively try to get it re-zoned now and then sell (significantly more money), or keep it and wait to see how it develops (and keep the horses grazing there :) ).
We would be very happy about opinions and advice!
Thank you very much & best regards,
Andre
My brother and I have inherited a piece of land (approx. 4700 sqm, 2 parcels) that has been in the family for ages. Currently, there are horse paddocks on it. We are wondering if it is possible to convert it into building land?
We received the following information from the building authority:
the requested parcels are not located within the scope of a legally binding development plan pursuant to § 30 of the Building Code (Baugesetzbuch) and not within a locally developed area according to § 34 of the Building Code. From a planning law perspective, the area is to be classified under § 35 of the Building Code – outer area –. The land use plan designates this area for agriculture or forest. All construction projects must therefore be assessed according to § 35 of the Building Code. Furthermore, the parcels are located in a flood zone, so it can be assumed that a change to building land is not planned in the near future.
However, it should be noted that the land directly adjoins a developed settlement (on two sides, backyards border the property). On the third side, there is a local road. The fourth side borders the remaining outer area/flood zone. The area is located within the city of Braunschweig (rather on the outskirts).
As far as I know, the existing settlement and the road are about 1-2 meters higher compared to our land. That means, to convert it into building land, the property would probably have to be filled accordingly, thereby reducing the flood zone.
I have already inquired about the general procedure, but still have a few questions:
1. Realistically, how likely is a re-zoning in such a case?
2. I have often read that this is decided by the municipal(?) council. In larger cities like Braunschweig, are such plans made by local districts (e.g. Weststadt, Schwarzer Berg, Querum, Riddagshausen), or is it centrally decided by the city council of Braunschweig?
3. If there are certain chances for such a re-zoning, how long does it roughly take?
At the moment, we mainly want to get an overview of what we should best do with the land. Build and live on it ourselves, sell it as outer area (approx. €5/sqm), actively try to get it re-zoned now and then sell (significantly more money), or keep it and wait to see how it develops (and keep the horses grazing there :) ).
We would be very happy about opinions and advice!
Thank you very much & best regards,
Andre