Limits in building law: how do you create additional living space? – living

Berlin / Dresden / Munich (dpa / tmn) – Plots are in short supply in metropolitan areas, which is why areas that have already been built on are used more there. Not only for investors, but also for private builders, adding, demolishing and building new and additional development of the property can be attractive.

However, building law sets limits to such redensification. “Even private owners often have numerous opportunities to get more out of their property,” says lawyer Martin Voigtmann from the construction and real estate law working group in the German Lawyers’ Association (DAV). Redensification does not only mean the development of fallow areas, but also aims to optimize land that is already in use.

“The admissibility of the building project often depends on the specific conditions on site,” says David Reichert from the Federal Ministry of the Interior. “It is crucial, for example, which provisions the development plan provides, which structural uses are available in the vicinity and which specific project is to be implemented.”

Zoning plan is important

In areas where there is a development plan, its specifications are decisive. The development plan contains, for example, stipulations on the type and extent of the structural use, the land areas that can be built over, the construction method, areas for traffic and other questions.

“Some plans stipulate that only residential development should be permitted, for example, others also determine the number of floor areas,” says lawyer Joachim Kloos, who is also active in the construction and real estate law working group in the German Bar Association.

If the plan does not provide an answer to a question that needs to be regulated, the Building Use Ordinance applies in this regard. But even if there is no development plan, a building project must still not conflict with the existing development.

Exemption can be applied for

The realization that building projects and the requirements of the development plan differ from one another does not mean the end of the client’s plans: “The property owner should then consider applying for an exception or exemption,” advises Voigtmann.

If there is an exception in the plan, then the planner has thought of appropriate special solutions. “Such an exception is usually approved with appropriate justification,” says Kloos.

Pay attention to the guidelines of the community

In traditional municipalities or holiday resorts, the building owner can get in the way of municipal statutes as well as the development plan. “Municipalities can influence the local appearance or preserve a certain cityscape through urban development and conservation statutes,” explains Kloos.

Some municipalities prescribed certain roof shapes or traditional facade designs. “But you can also get rid of that,” says the specialist lawyer for administrative law.

In addition to building regulations, regulations that protect nature and monuments must often be observed: “When building construction work in existing quarters, we try to protect valuable trees,” says Cornelius Mager, head of the local building commission for the city of Munich. Monument protection also plays a major role.

Inform yourself well before starting the project

Lawyer Kloos advises building owners who want to tackle a project to look up all valid maintenance and design statutes on the municipality’s website before having concrete drafts made. With an application for planning law information, you can get an insight into the land use and development plan at the responsible building authority.

If you want binding information as to whether a certain project is possible, you should obtain a preliminary building permit: This does not yet allow you to start building. However, the authority provides binding information on whether details such as a certain use, type or size are permitted.

© dpa-infocom, dpa: 201113-99-321009 / 5

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