Berlin.Land is in short supply in metropolitan areas – areas that have already been built are therefore used more. Not only for investors, but also for private builders, adding, demolishing and building new as well as additional development of the property can be attractive. However, building law sets limits to such redensification.
“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. “The decisive factor is, for example, which stipulations 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. It contains, for example, stipulations on the type and extent of the structural use, the land areas that can be built over, the construction method or areas for traffic. “Some plans stipulate that only residential development should be permitted, for example, others also determine the number of floors,” says lawyer Joachim Kloos, from the German Bar Association.
If the plan does not provide an answer to a question, the building use ordinance applies. But even if there is no development plan, a building project must still not contradict the existing development.
The realization that the building project and the requirements of the development plan differ from one another does not mean the end of the 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.
In traditional municipalities or holiday resorts, the building owner can get in the way of municipal statutes in addition to the development plan. “With urban design and maintenance statutes, municipalities can influence the local appearance or preserve a certain cityscape,” says Kloos. Some municipalities prescribed certain roof shapes or facade designs. “But you can also get rid of that.”
In addition to building regulations, regulations that protect nature and monuments often have to be observed: “When building construction activities 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.
Obtain information in advance
Lawyer Kloos advises building owners to check all valid maintenance and design statutes on the municipality’s website before having specific designs 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 on 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 or type of construction are permissible. mr
© Mannheimer Morgen, Friday, November 20th, 2020
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