Proposals regarding a property division

Who can tell me what individual plot sizes are allowed at this location? Is the building authority the right contact person here? Next door there are smaller plots, but that doesn’t necessarily say much either.

They should actually know that. It should also be stated in the development plan. That is often already available online on the municipal website. But actually, you should already have it.

Ok, the development plan does not specify a minimum size for the parcel. However, the legend lists the symbol "Fmind" for minimum sizes, so I assume that no minimum size exists.

With us, for example, this is noted here:

If I were you, I would take another look.
Also, then check the floor area ratio to see how much you are allowed to build on 450 sqm.
Roughly speaking, of course, more is possible in the city center than outside the city. In the countryside, the appearance is naturally intended to be more open.

Yes, exactly. The development plan notes this in a similar manner, and there are also parcels where a minimum size is indicated, but not for the parcel in question. The site coverage ratio and floor space ratio are registered as 0.25 and 0.35, known and already considered. An architect has also checked and approved this. It’s tight, but that’s how it is.

Your architect cannot assess whether the property can legally be divided. You can only inquire about that at the municipality. Usually, there is nothing mentioned about this in the development plan because the "final" parceling has already been carried out when it was created. So you should go to the municipality or building authority and have it confirmed in writing with the cadastral map in hand.

Otherwise, as mentioned above, you are left with a division according to the WEG. But that is not a big deal either. Here, the division is essentially regulated internally between the two owners.

Hello Belray,

Your architect cannot assess whether the property can be legally subdivided.

A capable architect can make a statement based on the floor area ratio and the floor space ratio including the planned development as to whether the divided plots still offer the possibility of the desired/planned development or not, and to what extent the development is permitted.

You can only inquire about that at the municipality.

The answer from the municipality can only be given depending on the architect's planning. The municipality cannot know without the submission of the concrete development plan including the subdivision whether planning law is violated or not.

Usually, nothing is specified about that in the development plan,

The type and extent of structural use are stated first in the Building Code §9 (1). In theory, a development plan can also be drawn up without this specification, but about 8-10 criteria are usually standard; if these are missing, it is only a matter of a short time until the first lawsuit against the development plan is filed.

because the "final" parceling has already been carried out with the creation of the plan.

The development plan does not regulate the final parceling.

So go to the municipality or building authority and have the cadastral map confirmed in writing.

A competent contact person has already been provided to the original poster. One does not need to have a cadastral extract confirmed, because a cadastral extract itself is already an official product, that is a government-issued document. The subdivision of undeveloped land is (in NRW) approval-free. If a subdivision permit is required, it can (in NRW) only be applied for by a publicly appointed surveyor – other federal states have partly different regulations but operate similarly in principle.

Otherwise, as already mentioned above, a subdivision according to the Condominium Act remains. But that is not a big deal either. Here, the subdivision is basically regulated internally between the two owners.

That is neither desired nor necessary in the present case.

Best regards
Dirk Grafe