Unclear clause in the development plan but authority does not answer questions

  • Erstellt am 2023-08-10 04:40:54

AntonKnopf

2023-08-10 04:40:54
  • #1
Hello,
I am interested in a plot of land. This plot is part of a development plan.

There are some restrictions in this plan for which I requested further information from the building authority. This was only for clarification, not to obtain any exceptions.
The building authority did not answer the questions but referred to the fact that these would be answered through a preliminary building permit.
However, the situation is that I do not yet own this plot and I might — depending on the interpretation of these restrictions — decide against purchasing the plot.

Here are my questions;
1. Can I demand that the authority answer these questions, or is it really only possible within the scope of a preliminary building permit?

2. I have listed the two open points below. Maybe someone knows how these restrictions should be considered.

2.1. The development plan contains the following clause: In pure residential areas (WR), only gable and hipped roofs are permitted. Mono-pitched roofs are not permitted. (§87 para. 1 no. 1 BbgBO)

Would a half-hipped roof be excluded by this or does it count as a hipped roof?
Would a shed roof be excluded or is it within the limits of a gable roof — but still not a mono-pitched roof?

2.2. The development plan contains the following clause: For plots with direct access to the public road, outbuildings, garages, and covered parking spaces must be set back 1m behind the main building.
I am not quite sure how to interpret "set back behind ...".
I have made sketches A, B, C, D. The access to this plot is from the private driveway — not from the public road.
Which of these scenarios would comply with the clause and which would not?



Thank you very much for your help

Anton
 

guckuck2

2023-08-10 08:27:49
  • #2


What do you think, based on previous experience? ;-)

We have a builder consultation at fixed time slots. Otherwise, just submit official documents; you don't have to be the owner of a property for that.



A mono-pitched roof goes down to the ground or just above it. How far do you intend to extend your half-hipped roof downwards? Whether half-hipped roofs as a subtype of hip roofs are excluded – I don't think so – you will find out as mentioned under 1. at the builder consultation or by submitting a plan.



All four sketches show an access/driveway via a private road, so none of the shown constellations fall under the cited clause.
 

11ant

2023-08-10 14:21:10
  • #3
My small addition would be: what is meant most closely resembles "A"/"B" (if you imagine the public road instead of the private path) or "C" (if the driveway would come from the bottom of the picture here). What does the development plan say about whether properties with such mixed corner locations are allowed to choose the access or have to take the private path?

You could be helped more effectively if you asked less academically. By the way, you are allowed to submit a building inquiry even as a prospective buyer; you do not need to own the property yet. Where do you see the advantage of the truncated hip roof—except to get rid of excess money?
 

jrth2151

2023-08-10 16:32:16
  • #4

Plots in good locations at reasonable prices have also become very rare. If you like the plot, then don't get hung up on "small details" about the roof shape forever. Unless, of course, you have endless money, then everything looks quite different.
 

11ant

2023-08-10 18:23:41
  • #5

The problem is not that the development plan favors different roof shapes taste-wise than the questioner. Rather, it is the unfavorable combination of, on the one hand, the latent fear of those wishing to build that every technically complex sentence in the development plan is "fine print" meaning "this plot would unfortunately be a bad purchase for your building wish," and on the other hand their too sparse communication regarding the desired house; thirdly, it also adds up when they suspect a possible rescue through a certain tool without making their reasons understandable. In such cases, one who actually wants to help must watch with tied hands because of the lack of the "patient’s cooperation."
 

AntonKnopf

2023-08-11 05:38:13
  • #6


Yes, there would be personal appointments, but I am currently not living in Germany and the time difference also makes phone calls difficult, so I can only use email, which, as I said, did not really work out. And I also do not have official documents yet, as I wanted to start building at the earliest in 2 years.



Regarding the simple roof, you did not understand my questions correctly. It was about how a shed roof is to be designed. But that's not so crucial either.

Knowing whether a half-hipped roof is permitted would be more important. Below is a house that roughly corresponds to my idea.





The real estate agent informed me that the official access for this property must be via the private road. That is exactly the reason why this clause confuses me so much.
 

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