What options does the building authority have to reject our building application?

Good morning.

We have purchased a building gap in a residential area where there is no development plan. As far as I am correctly informed, this means: adaptation to the neighboring buildings. However, since there are very different houses in the neighborhood (both in terms of style and, for example, orientation, etc.), one actually has quite a few degrees of freedom, right?

Our architect has already approached the building authority but has not yet submitted the building application. However, the building authority has already indicated that it is "not satisfied" with the plans.

What possibilities does the building authority have to reject our building application, especially when there is no development plan?

Hello,

if no development plan is available, usually §34 Baugesetzbuch applies.

Are you sure that these regulations apply to your building plot?

Are there possibly specifications in the form of building lines?

If the building authority has already indicated that it is not satisfied with the plans, I would have them explain what they do not like.

In case of doubt, an official building inquiry also brings clarity.

Regards,

Dirk

If the building authority is against your design, the design simply has to be adjusted.

No. The decision is made by the municipal/city council. The building authority only gives a recommendation there – but this does not have to be shared. If the municipal/city council rejects it, an appeal can be filed with the building supervisory authority (district office). They can override the decision of the municipal/city council. Whether you will be successful cannot be judged beforehand. It also often depends on the mood of the day,... I also don't know how your architect presented himself to the building authority. There are "only" humans sitting there as well, who are susceptible to overly bold, arrogant, etc. behavior from applicants.

@Wastl It would be new to me if the municipal/city council decided on the building application of every single-family house. Maybe in a small village, but hardly in places with more than 10,000 inhabitants. The council would have a lot to do in that case. Not to mention large cities with hundreds of building applications monthly. As the builder, I went to the building authority with the architect and presented the construction project in a kind of "preliminary discussion" BEFORE submitting the building application. The same at the city planning office. Things were then discussed in such a way that the building application was approved without any problems. You have to conduct these discussions with a bit of tact. I would not leave that to the architect alone. As Wastl already says, there are only people there too. What goes around comes around in the office.

@klblb: Building permit applications are handled individually in our municipality (approx. 12,500 inhabitants), unless there is a qualified development plan and the builder signs that they comply with the requirements of the qualified development plan. Then only the administration reviews it. In Munich, they are also handled individually; for this, there is a district committee that deals with them. However, the higher authority is no longer the district office but the city.

@Wastl: Crazy! Here in Berlin, this goes through the district office circulation, i.e. building authority, urban planning office, environmental office, and whatever else they deem necessary. If everyone agrees, it goes back to the building authority and they then issue the finalized building permit. The district assembly or similar is not involved, at least not for single-family houses.