Verification of compliance with the floor space index (floor space index) in the new development area

Hi everyone,

we built in a new development area where the requirements for sealing or the floor area ratio are quite strict.

I am sure that some neighbors have clearly exceeded the requirements. In our case, a terrace is slightly larger than stated in the building notification, as implemented by the landscape gardener. This makes us a bit uneasy.

Does anyone have experience with to what extent the building authority actually checks this, or whether a slight exceedance is noticed at all, or how it would be dealt with? What would be the consequence? A fine and dismantling?

Thanks in advance for the answers!

Sorry, but this depends, in the worst case, so much on the individual person who approves the completion at your side that no statement can be made. And then, of course, it also depends on whether construction is carried out with a release/notification procedure or a building permit. And also on how significant the deviations are.

So it can range from "this is not checked at all" to the strict "please dismantle by XXX."

Minor exceedances usually don’t even get noticed, as it is mostly not scrutinized meticulously.

This is a so-called approval-free construction measure according to Paragraph 62 NNauO.

We reported the completion via a form "Statistics of Construction Completions" from the State Office for Statistics Lower Saxony, attached to the construction notification, and dropped it in the mailbox of the building authority.

Is an acceptance of the completion to be expected at all, is this a standard procedure?

We built in a new development area where the regulations regarding sealing and the floor space index are quite strict.
I am sure that some neighbors have significantly exceeded the regulations. For us, a terrace was implemented by the landscape gardener that is slightly larger than stated in the building notice.

Then the good news is that accordingly many neighbors have reason not to initiate any inspections on their own. But the bad news is that the authority will very likely become aware sooner or later and see a need for action. For the authority, the landscape gardener is not a party to the proceedings, but only obligated to you in terms of due diligence. If he has autonomously caused the violation of the floor space index, then inform him that you will hold him responsible for restoring the proper condition. But discuss this with your lawyer. In view of the generally revised penalty amounts, I would not count on the warning being cheap. Why not pay attention when there is a strict development plan?

I can confirm. There was a recent on-site appointment with the city because some owners were reported by an individual. They placed their fence directly on the boundary to the public space and thus, of course, constructed at least part of the foundations illegally on land that does not belong to them.

It's about 10, 20 centimeters, but a not insignificant fine and the dismantling of the fences are at stake.

Is an acceptance of the completion to be expected at all, is that a standard procedure?

No, acceptance will no longer take place. But that does not mean, as others have already written, that you are "ratted out." My personal opinion: you messed up and did not adhere to the development plan requirements. BUT - if it is actually only a minor issue and does not stand out, i.e. no envious neighbors who might have trouble with the building authority, then no one will care anymore and I would sit back and relax.