Problem with visibility triangle in the development plan

Hello everyone,

We have bought a plot of land from the municipality of our village and want to start building a single-family house this year.

Although I thoroughly studied the development plan before the purchase, it happened as it had to: I overlooked one detail, and now the frustration is great.

We have to maintain a huge visibility triangle on the property (visibility triangles must be kept free of any construction and planting over 80 cm high). This visibility triangle occupies about 150 sqm of our 680 sqm plot.

Now, the thing is that when the development plan was created (1996), this visibility triangle may have made sense. The road where our property is located was at that time a district road and there was heavy traffic. Meanwhile, however, the traffic management has completely changed in 2006; a bypass was built, the road where our property is located was straightened and is no longer a district road.

My questions:
- Is there any basis according to which the size calculation of a visibility triangle must be determined?
- Who even decides where a visibility triangle is placed?
- Do I have a chance to demand the “removal” of this visibility window from the development plan somewhere?
- If yes, where?

This stupid triangle obviously severely restricts the use of the property. If I may only plant up to 80 cm high on almost a quarter of the property, I might as well put my patio furniture on the street :-(

Does anyone have an idea that could help me?

Thank you very much in advance from Karin

Municipality/building authority or the authority responsible for the respective road. Even if it is still a district road, your municipality should be able to tell you or clarify with the responsible authority whether the visibility triangle can be (partially) waived or not. Possibly, someone will also take a look on site.

Best regards
Dirk Grafe

Thank you very much!
Then I will get in touch with our (newly elected) mayor and see if he can do something for us
Best regards from Karin

Thank you very much! Then I will get in touch with our (newly elected) mayor and see if he can do something for us. Best regards from Karin

The mayor does not necessarily have to approve a change to the development plan – even in Bavaria, he may/cannot do this alone. The municipal council must approve the change (deletion of the paragraph) (this can also happen against the mayor’s vote). Then the development plan is usually reissued – this process can take a lot of time – during which a development freeze usually applies. If you are lucky, it will be resolved more unbureaucratically and you simply submit a building application that violates the development plan and are granted an exception permit – this saves a lot of money (for the municipality and you) – and it goes much faster. For this, I would invite the mayor and the head of the building department for a coffee and ask if they would go along with something like that,...

Thank you for the reply Wastl,

...you simply submit a building application that violates the development plan ...

in principle a good idea, but for plantings (bushes, hedges, trees) I can't submit a building application, can I?

Best regards from Karin

No - they just grow
It is also a requirement with us: Max 80cm - nobody sticks to that and nobody is bothered by it,...