Surveyor, create site plan for building permit in a new development area

Hello,

In our new development area (NRW), there is currently a big discussion. For a site plan for the building application (of course there is a development plan) there are two opinions:

1. The site plan for the building application can be created by the architect (height data is available from the developer)
2. The site plan for the building application must be created by the surveyor (which is of course not cheap)

I am aware that the surveyor definitely has to measure the finished house. BUT does he also HAVE to create the site plan (and if yes, where is this stated)?

Please bring some clarity

Then let them all discuss

Cadastral surveys are legally regulated, sovereign tasks that serve to secure property rights and maintain boundary peace.

They are subject to official supervision by the superior surveying authority when performing their public duties. As holders of a public office and thus part of the public surveying system, officially appointed surveyors – similar to notaries – are obliged to a special degree of objectivity and adherence to the law. Although they operate under private law when fulfilling sovereign tasks, they have official functions. Following the high legal standards for such surveying tasks, a stringent and extensive surveying and administrative regulatory framework must be observed. The basis for this is the Act on Official Surveying and the Land Registry VermKatG NRW.

Rhenish regards

Hello construction expert,
unfortunately, that does not answer my question yet. The plots have all already been surveyed, the cadastral map has been created, and the respective land registers have also been formed.
I am referring to the site plan for the building application; the requirements for a site plan are regulated in § 3 of the BauPrüfVO. Paragraph 3 states that "In all other cases, these construction documents can also be prepared by the designer." Our architect and also our site manager refer to this. An execution plan from the development company with the future ground height is available, which can be used as a basis.
In my opinion, our architect (who has been designing single-family homes in the Münsterland for a long time and, of course, also submits the building applications) is correct.

Hello,

I am concerned with the site plan for the building application; the requirements for a site plan are regulated in § 3 of the BauPrüfVO. Here is paragraph 3,

(3) The site plan (paragraph 1) and the calculations according to paragraph 2 must be prepared by a cadastral office or by a publicly appointed surveyor and certified with public faith (official site plan), if

[*]the boundaries of the building plot are not established boundaries within the meaning of § 19 paragraph 1 VermKatG,

[*]the boundaries of the building plot and the existing structures on the building plot and the adjacent plots are surveyed in such a way that coordinates for the boundary points cannot be determined in a uniform system, or

[*]there are boundary encroachments on the building plot or from adjacent plots,

[*]a building encumbrance within the meaning of § 18 rests on the building plot or on the adjacent plots.

If special property conditions exist, in particular due to the unclear course of the boundaries of the building plot caused by boundary projections or boundary bends, and the requirements for the preparation of an official site plan according to sentence 1 are not met, the site plan according to paragraph 1 and the calculations according to paragraph 2 can also be prepared by a surveyor who is a member of an engineering chamber; membership in an engineering chamber must be proven upon request by the building supervision authority. In all other cases, these building documents can also be prepared by the designer.

which states that "In all other cases, these building documents can also be prepared by the designer." Our architect and also our construction manager refer to this. An execution plan of the developer with the future terrain height is available, on which one can build.
In my opinion, our architect (who has been planning detached houses in the Münsterland for a long time and naturally also submits the building applications) is right.

Being right and getting justice are unfortunately two different things.

With the "execution plan" of the developer, in my opinion, the preliminary site plan is meant; it would therefore already be available. Execution plans are generally prepared by your architect for you so that he can start with the tenders. In this respect, I could agree with the confidence of your architect/construction manager since only the building volume and drainage have to be drawn in. On the other hand, this assumption stands or falls with the approval of the building authority and how the responsible clerk there is feeling.

What speaks against calling your architect – communication on equal footing is always good – and having this burning question clarified there?

Rhenish greetings

Do I understand correctly that there is a debate because of about 200 euros (simple site plan for building application)?

No, it is about almost €1,800, which the surveyors charge us including staking but without final surveying. Therefore, it is already important for us.

No, it’s about almost €1,800, which the surveyors charge us including staking but without final measurement. Therefore, it’s already important for us.

Surveyors and cadastral office extracts are two different things. For the building application, the cadastral office extract is sufficient. You can get it in Bavaria for €35 including the property register (neighbor register). The surveyor costs more money, but he only comes after a rough measurement and then the batter board (fine measurement) is done. So shortly before the start of construction.