Relationships between land registry entry and buildability

  • Erstellt am 2016-01-19 12:59:51

sauerpeter

2016-01-19 12:59:51
  • #1
Hello,
just a general question: If a plot of land is classified as garden land in the land register, that does not necessarily say anything about its buildability, does it? The plot is located in an area where many single-family houses have already been built according to §34. The three immediate neighboring plots are all developed with a single-family house, and the plot is connected to sewage and water. The area where the plot is located is designated as a residential building area.
That alone already suggests that the plot can still be built on, right? Apart from easements now.
 

Doc.Schnaggls

2016-01-19 13:18:04
  • #2
Hello Thomas,

that may be the case, but it doesn’t have to be.

You will only get a legally secure answer from the responsible building authority of the municipality or at the district office.

Regards,

Dirk
 

sauerpeter

2016-01-19 13:18:27
  • #3
Ok, I thought to myself. It could have been that someone would tell me something in advance.
 

nordanney

2016-01-19 13:21:55
  • #4
Then the designations in the land register would actually be completely unnecessary, whether building land, garden land, street and path area!?

What does the building authority say?
 

sauerpeter

2016-01-19 13:59:02
  • #5
The building authority says that the old entries in the land register are from the 1950s. The buildability is now based on current statutes, in my specific case on the [Innenbereichssatzung]. That means buildable according to §34. It's really confusing with such entries, but of course, who changes that voluntarily. It's all also associated with money.
 

MarcWen

2016-01-19 14:04:25
  • #6
What is recorded in the land register is initially secondary. Call the municipality and clarify with the building authority. These entries are only changed if the cadastral office sees a reason to do so. Our virgin meadow was also labeled as "Landwirtschaftsfläche" in the land register. However, it is located in the "Innenbereich" and is developed.
 

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