Outdoor area/flood zone to building land? (Lower Saxony)

  • Erstellt am 2021-09-10 15:51:18

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
 

moHouse

2021-09-10 16:12:13
  • #2


I’m not familiar with Braunschweig.
But in view of recent events, city councilors are currently not going to do anything to reduce floodplains. At the moment, all decision-makers are seriously considering how they can create and protect natural floodplains and achieve more natural water infiltration in built-up areas.

The housing situation in Braunschweig would have to be really pressing for these concerns to prevail.
 

nordanney

2021-09-10 16:13:28
  • #3

100% unlikely

3-5 years, if it goes quickly.

That won’t work because you won’t get a building permit and the city has no motivation to pursue rezoning for you.

That’s possible. Why not lease it instead?

But for that, you first have to invest a lot of money. The complete development, for example, is your responsibility. So building roads, installing sewage systems, laying other pipes, building sidewalks, paying for streetlights, etc.
 

andre_xs

2021-09-10 16:27:21
  • #4
Thank you very much for the answers. We had already thought so, but often there are possibilities that one does not know about...

What possibilities would there be for such a category of land / property?

At the moment there are horses on it. Could something like that also be leased out in smaller pieces as a kind of allotment garden? We are open to all suggestions! :)
 

11ant

2021-09-10 16:30:00
  • #5
For the search term "Außenbreich" / "Außenbereich" there are more threads here than I want to link. You actually don't need to ask the same question in green again. "Everything has already been asked, just not by everyone" ;-(

Look into the municipal code of your federal state to see what is considered a "municipality" there. Development plans are not discussed and decided at the local advisory council level; that is done by the municipal council. But you will contact the administration of the responsible local authority anyway through the appropriate office of the municipal administration, not through the council factions.
 

andre_xs

2021-09-10 16:34:11
  • #6
Thank you for the answer. I will ask at the Braunschweig building authority; they should know who is responsible.


That's true, and I have also read some of them. But in the end, it very often depends on the exact local conditions, and “Überschwemmungsgebiet” was usually not included ;-)
 

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