Planning with an older development plan

  • Erstellt am 2023-07-22 11:29:53

hiermo_33

2023-07-22 11:29:53
  • #1
Hello everyone,
I am completely new here in the forum and we are still quite at the beginning with our house building plans and are currently facing the following problem:

We inherited a plot of land, but the development plan is already over 20 years old, regulates everything down to the last detail, and does not fully correspond to what we would like to build (knee wall max. 50cm, etc.). We are aware that we cannot completely ignore the provisions, but we hope there will be some willingness to compromise on the part of the municipality and the district office [LRA].
We would like to have the planning done by an independent architect in order to then obtain offers from various prefabricated house suppliers. The problem here is that we would actually need to know before submitting the building application that it will be approved (otherwise the various offers from the house companies are pointless).

How would you proceed here?
1. Talk to the city/[LRA] in advance? - but without a qualified building preliminary request, we cannot rely on their statements.
2. Negotiate with the city/[LRA] together with the architect until we receive a positive decision on a qualified building preliminary request (which will definitely increase the architect's costs).
3. Have our dream house planned by the architect in order to obtain offers from various house suppliers and hope that approval will be granted accordingly or that no major redesigns (and associated price increases) will be necessary?

I would be very happy about tips/ideas on the most sensible approach!

Best regards
 

Osnabruecker

2023-07-22 12:01:56
  • #2
20 years is still young for a development plan and I would expect little understanding from the authorities.
 

Sunshine387

2023-07-22 12:02:59
  • #3
I don't know what you think, but a development plan is legally binding. Because the municipality must have had a reason for it and can of course decide within its planning authority how newly built houses should be designed. If a legally valid development plan exists, there is no negotiation (about what, actually?), but the development plan must be followed. Minor deviations (ridge height exceeded by 10 cm or floor area ratio exceeded by 0.02) could be approved. Everything else is not possible. We do not live in a bazaar but in a state governed by the rule of law, where legally binding development plans naturally apply. The municipality does not negotiate with a small single-family house builder about his house. At most, with large investors who want to build apartment buildings. For them, the development plan will then be changed through a procedure and resolution in the city council. And such a procedure can take a long time with multiple public participation phases. I am talking about several years. And only if several apartment buildings are really built on one plot, otherwise nothing will be changed in existing development plans.
 

hiermo_33

2023-07-22 12:16:12
  • #4


Ok, negotiate was the wrong word, but minor deviations are of course possible, I have already seen this with acquaintances in the same city. Our wish is precisely to exploit these deviations to the maximum and therefore the question…
 

11ant

2023-07-22 12:42:59
  • #5
11ant reacted with Like to the post by in the topic .


With fifty-year-old development plans, the chances of exemption would be higher, but here I only see those described in post #3. An explicitly desired vacuum cleaner knee wall is, based on experience, one of the most sacrosanct requirements of all.

Exactly why it is also the absolutely most suitable means of choice. You need little for it, as described here:
 

Ramona13

2023-07-22 17:56:26
  • #6
Our development plan was established in the mid-80s, also with a 50cm knee wall, single-story construction, only partial attic development, no dormers, etc.

We now have a total of 9 deviations in our building application, all 9 were also approved by the municipality, and 8 are now to be approved by the district office, which only objects to the rotation of the ridge direction by 90 degrees... otherwise, we are allowed to build 2 floors, a different roof pitch, attic expansion (our 2nd full floor), knee wall 2.75m, exceeding plot ratio and floor area ratio, plinth height, and the carport roof covering with metal sheet.
We had secured ourselves with a preliminary building inquiry, but still have to wait for months for the district office to decide...

I would just check whether deviations have already been approved in the area and inquire at the building authority. They were super nice and cooperative with us :)
 

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