Plot of land half in the outer area

Hello everyone,

In my hometown, I want to purchase a plot of land to build a single-family house on it.
About 60% of the plot is within the inner area of the town. Several people at the building authority of my home municipality confirmed this to me after reviewing the land use plan. After I submitted a preliminary building inquiry to the responsible building authority of the district, I received feedback that the plot is located in the outer area and therefore construction would only be possible for privileged projects.
Of course, I would only place the house in the part of the plot that lies within the inner area.
My question: Can the district building authority actually prohibit the construction in this case with the reasoning that the plot is located in the outer area, although this is not the case? Is there anyone who has had a similar case or can recommend how I should proceed?

Best regards

Show me the land use and location plan. I assume that something was not properly presented in the building inquiry, in other words, a mistake was made. Who submitted it?

In my experience, the definition of what constitutes an outer area and what does not often resembles a horse trade. We had a similar case with a property in the middle of a small town. It lay fallow for a long time and the preliminary inquiry was then rejected with "innerlying outer area." We never learned the reason for this classification. Fortunately, we could refer to massive cellar ruins of considerable extent and thus prove that it had once been building land. In addition, we had the local building authority on our side, as this chaos on the property had long been a thorn in their side.
We also have a second property in the family, which is partly located in the village core and built upon with a house. The entire rest is outer area and may not be further developed.
A similar problem was also faced by the builders who built after us on our street. For the buildability, they effected a supplementary statute which enabled the development. That was not cheap.

So yes, there is experience with this, but it probably won’t help you much.

Regarding your property, the area within the inner area of the town is only building land if there is a building permit for it. It would also look better if there is a development plan for the street. As far as I know, the land-use plan is certainly no guarantee for a favorable decision. Ultimately, such properties are usually individual case decisions. First of all, a view from above helps. How does a building fit in? Does it possibly close a gap, or is it rather a single building on the edge? Who submitted the preliminary inquiry? A professional?

After I submitted a preliminary building inquiry to the responsible building authority of the district, I received the feedback that the property is located in the outer area and therefore construction would only be possible for privileged projects.
Of course, I would only place the house on the part of the property that lies within the inner area.
My question: Can the district building authority actually prohibit the construction in this case with the reasoning that the property lies in the outer area, although this is not the case?

Presumably, in your case, the property consists of only one land parcel, with only one parcel number, and the authority’s research then probably leads to the "error message" that it lies in the outer area. To my knowledge, however, it does not exist that a part of a property lying within the inner area could be "held responsible" because another part lies in the outer area. From my point of view, therefore, the construction on the part lying within the inner area cannot be denied/prohibited here, but is then subject to the integration requirement according to §34. However, you can only apply a kind of "de facto floor area ratio" to the area share in the inner area.

Is there anyone here who has had a similar case or can recommend how I should proceed?

Not here, and other forums are not allowed to be mentioned here. But behind the seven mountains with the seven dwarfs (where you can also find me) there is a "LasVegas24", who has a very similar issue on the topic of "floor area ratio / building boundary" from the 3rd of this month.