Questions regarding "Bestandschutz"

Hello everyone,

I have a somewhat tricky question.

Last year we inherited a huge (30 Ar) plot of land with a small house (2 rooms-kitchen-bathroom, 85 sqm). The plot is located right on the border of an urban area in Baden Württemberg.

The house was built as a temporary home without a building permit after World War II and was inhabited until recently. In the 70s/80s, this exact area (the exact plot and a bit beyond) was declared a landscape protection area.

There is also a double garage on the property by the street, for which there was a building permit at the time before the landscape protection area was established.

The problem is as follows:

My partner and I have actually long dreamed of building a single-family house. The plot there would be an absolute dream for that. But the existing house is simply too small for us. We do not have children yet, but we want to change that in the future, which would then make it impossible to live there.

The existing house also needs renovation. A new roof is necessary and full insulation would also make sense. The question is, is that allowed that easily?

We would prefer to be allowed to demolish the existing house and then build a small single-family house in the same place (something around 130 sqm).

The building authority told us that only the existing house may be preserved and nothing more. They want to counteract the spread of settlement in the outskirts by this jurisdiction. Moreover, there was never a building permit, which makes it even more difficult anyway. I simply do not quite want to believe that yet and therefore pose the question to the group, what the experts here think about the matter, especially since there was at least a building permit for the garages?

A structural engineer was also already on site and said we should submit a preliminary building inquiry and if that is then rejected, go into an objection procedure. I have no idea at all how such a thing would take place?

I look forward to your answers and thank you in advance.

Kerryman

Hello,

At the building authority, we were told that only the existing house may be preserved and nothing more. They want to counteract the spreading of development in the outskirts through the case law.

In the entire area of the Federal Republic of Germany, the state building regulations generally apply - supplemented by municipal case law. If you were told at the building authority that only the existing building may be "renovated," then - sorry - you are last in line and may indeed only renovate the existing little house.

A challenge to the existing development plan - to which the outer areas also belong according to §§ 34/35 - usually takes 3-5 years; with an uncertain outcome...

Kind regards

Thank you very much for the reply, even though I unfortunately don’t like it....

I still find it really annoying, especially since the town sign is right after the property and 10 meters further are the next houses of the next municipality. On the opposite side (other side of the street) the entire street up to the town sign is built up with residential houses. Below our property there are only many meadows and houses will come later. So somehow it is indeed a suburban area and yet somehow not. In the immediate neighborhood there are surely 4 houses, just on the other side of the street or in the cadastral area of the next municipality.

Best regards Kerryman

Thank you very much for the response, even if unfortunately I don’t like it....

Life is unfortunately not a wish concert

...especially since the town sign is right after the property and 10 meters later the next houses of the next community are located. On the opposite side…

You write “the building authority told you” – does this mean you were in the consultation hours, or did you just call? Sometimes things – when only viewed on the large cadastral maps – look different than reality reflects. Take pictures of the surroundings, measure (in steps) the approximate distances, and go to the urban planning office, explain your situation and see how far you get; urban sprawl is of course a big issue, but even more annoying would be if it was additionally a landscape conservation area. If the status quo remains, you don’t have to be upset about missed opportunities; perhaps an expansion is possible too …

Kind regards

I was personally at the building authority. Photos did not interest the gentleman engineer. Yes, it is indeed a protected landscape area.

What does it mean in §35 that building is only allowed if it concerns an agricultural or forestry operation? Do I have an agricultural operation if I keep bees and produce honey? Or if I keep sheep...?

What would the procedure be if I still wanted to try...? So submit a building inquiry which will presumably be rejected. Then I think you can file an objection which will then be handled by another office? How exactly does such a procedure work?

Hello everyone,

it's an old thread, but I wanted to let you know that since yesterday we have a building permit for an extension and the renovation of the house. It took a long time and cost quite a bit of money (lawyer, architect, surveyors......) but in the end the wait was worth it and now the remodeling and extension begins. I had almost stopped believing in it, so the joy is all the greater now...