Plot with existing old building, new construction not possible

Hello,

my question is somewhat specific:
I have basically found my dream property (548 sqm), and on it stands a dilapidated house from 1950. The property was created back then through a subdivision with the neighboring property. There was a site plan for the new construction at the time, on which the city stated "technically checked, city building authority/ building supervision department." Unfortunately, there is also a development plan from 1934, and this was completely exceeded by the construction. When I asked the building authority, I received the answer that practically no new construction would be possible on the property, but it could still be reviewed by urban development.

Could it be that a new development plan was created back then but somehow got lost? Or does anyone have a tip on how I should proceed? Should I contact urban development or would that be pointless?

(I will of course not finalize the purchase for now).

Best regards

Sorry, but you can hardly ask a question more vague. So you have a developed property that does not comply with the valid development plan. However the construction (e.g. by exceptional approval) came about, a replacement new building of the same size is unlikely. Have you submitted an official building pre-application or just talked to the trainee of the building authority manager?

You should not assume that the office no longer knows which development plan applies. If you are seriously interested, you should present a serious idea. The best way to show this is to bring a professional on board who ideally knows the office locally well.

Hereby, is probably right:

bringing a professional on board who ideally knows the local authority well.

Apart from that, you can consider whether you can turn the existing house into your dream house. However, at least the external dimensions of the existing house would have to fit for that.

If you can't do it yourself, find an architect who is good with the building authority. They should submit a preliminary building inquiry.

You can also post all the information you have here. Perhaps we can then provide some initial advice.

My question is somewhat specific:
Basically, I have found my dream property (548 sqm), on which there is still a dilapidated house from 1950. The property originated back then from a division with the neighboring property. At the time of the new construction, there was a site plan on which the city stated "technically checked, city building authority/building supervision department." Unfortunately, there is also a development plan from 1934, and this was completely exceeded by the construction. When I inquired at the building authority, I was told that practically no new construction would be possible on the property, but it could still be reviewed by city development.

First, I have to reproach you, as many newbies do, 1. for interpreting the forum as a "bulletin board" where you just post your own question without strolling through the promenade of the dozens of threads with essentially the same content, and 2. for forgetting that no one can read your mind here, i.e., we can only consider the circumstances that you have included in your report (often a picture indeed says more than a thousand words).

Could it be that a new development plan was created back then that somehow got lost? Or does anyone have a tip on how I should proceed?

No, the valid development plan is always the one that was legally in force in its most current version at the time of the building application, along with the corresponding version of the federal building law and the state building code. The development plan is not drawn by just anyone in the building authority; it is created through a complex process involving discussions in the municipal council and participation of the public including other authorities to be involved (TöB). The same applies to its amendments. It is impossible that a 1950 valid amendment disappeared without a trace while the original plan from 1934 is still findable. Many things were destroyed and lost during the war, but then in 1950 the validity of the 1934 plan would still have been assumed and the construction would only have been approved if it conformed to it (or corresponding exemptions were granted, which would still be extractable from the permit file and whose justifications would still be useful today). After all, in 1950 the Trizone had already been transferred into the permanent Federal Republic of Germany (FRG).

You write about a divided plot; did this division occur between the legal validity of the development plan and the building permit at that time, i.e., does the currently missing building plot possibly not exist simply because the parcel did not yet exist in that configuration?

It would be important here to make it clear to the fellow discussants which development plan you are referring to (possibly posted as an image, or for self-search with the plan’s designation – absolutely no link due to forum rules). Also show the house. Houses built in 1950 were usually so modest ("Schmalhans Küchenmeister") that it is hardly economically viable to raise them to a standard of 1980 or even younger. Nevertheless, the discussion can benefit from knowing more about this object.

Does the property have its own parcel number and address? Its own electricity and water connection? That an existing building is not allowed to be rebuilt as it was is not so uncommon. Distances to boundaries / neighbors or agricultural emissions prevent that. Then it just becomes a renovation, in which each wall is newly made individually.