Passive house requirements of the city are not included in the development plan

  • Erstellt am 2025-07-17 07:27:45

wiltshire

2025-07-17 16:47:09
  • #1

Ordinances.
Design (form, appearance...), energy (efficiency, photovoltaics...), climate protection, tree protection, water (drinking water, wastewater, rainwater), waste, preservation, special use, noise...
All these ordinances are publicly accessible. So you can review everything without contacting anyone if it is so important to you not to have to speak to anyone. Only you won't get it prepared "bite-sized."

Our architect went to the district building authority with a very rough plan and discussed the draft. They then said: this is allowed, that is not, and there is a special permit for this. The informal preliminary path helps all parties involved. The building application then goes through the entrance to the various departments (see ordinances) to clarify that everything fits. For the approval of the building application, we only had to build a significantly larger drainage trench because the lower water authority expressed concerns. I went to the head of this authority and had it explained to me. We agreed that he would not write a rejection but only a condition for the approval. That closed the process. Anyone who speaks reasonably and openly can be helped. The people in the offices are 99% not enemies, unless you make them so yourself.
 

nordanney

2025-07-17 17:25:32
  • #2
@TE: what exactly does your purchase contract say? Both regarding district heating and regarding passive house
 

Mathis.aenni

2025-07-17 18:23:21
  • #3
He has not been given to us yet.

Unfortunately, it is not available yet.
 

nordanney

2025-07-17 18:40:48
  • #4
Then you have to stop the discussion here. If the contract for purchase includes a building obligation with a passive house, everything else becomes unnecessary.
 

11ant

2025-07-17 19:45:05
  • #5
Provided my statements apply to you (that the district decides, and the municipality only contributes a vote), the city cannot reject the application, but only recommend its rejection. The rejection itself is also a legal act, and the issuer must justify and take responsibility for it. Therefore, my suggestion is to establish a consultation with this party. The district building office director will not take the blame for adopting a rejection vote from the city justified only by "mimimi I don’t like that." The city as an authority is bound by applicable law; therefore, the passive house requirement would have to be included in the textual stipulations of the development plan (and rely on the justification of the development plan) to be legally binding. The city, as the seller of the plot, on the other hand, has full contractual freedom and may desire to conclude the land purchase only with someone who shares its "private" worldview. In an extreme case, it might want to sell the plot only to a vegan whose last name starts with "Q." The sale of the land is a purely private law matter, and the city as a legal entity at this point is a corporation like a "company" and not subject to objectivity. The recognizability of the passage is sufficient in the purchase contract, which you will finally receive with a several-week notice before the notary appointment. The notary will also read and explain this. No one is obligated here for more "preliminary transparency" or even advice; conversely, you also have the freedom to withdraw from the purchase interest without giving reasons. If the (lord) mayor cares about his image, you will still receive answers to your questions. Then clarify this. Contact the builder service of the local heating supplier, identify yourself as an interested party in the specific plot, and ask for a written response regarding the conditions under which it can participate in the local heating supply. And please ask the seller (probably the city land registry office) for access to the land purchase contract. Lawyers have no crystal balls and cannot advise based on assumptions or hearsay. What is important, as I have already said, is the enforceability of the condition in the purchase contract that it is to be built as a passive house (and of course, it must be defined when this condition is fulfilled). As I said, I consider a locally heated house only conditionally able to be a serious passive house (for that it really must already be a very local heating house). Presumably, this is where the problem lies for these five plots (sorry, within the scope of the open pro bono consultation hours, I cannot deal with the development plan in detail but assume banal reasons).
 

ypg

2025-07-17 21:59:32
  • #6

The term Passivhaus defines a residential building, energy efficiency, economical, renewable energies, etc. The "former Passivhaus" no longer exists. The Passivhaus required here is a residential building according to the Building Energy Act, plus local heating.

I don't see that at all.

I don’t see the demands. An exposé is a brochure, a project overview, it can be patient, also flowery or with illustrative ideas and suggestions. Also goal-oriented, but not binding in any way.

The purchase contract is indeed shown in Baupilot. It doesn’t say anything about that. Go for it.
 

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