Hello,
I hope you can help me with my question. We own a plot of land in a residential development area that is currently being serviced. The expected completion of the servicing is August 2017. According to the local authority, once the servicing is finished, the development area will be finally surveyed and an official site plan will be created by the surveying office (this takes about 1–2 months).
According to the construction company, we need this official site plan to submit the building documents for the building permit / planning permission. This would mean that we can submit our building documents earliest in September/October.
However, I was told by the local authority that we should submit a so-called exemption application, since our house plan complies with the development plan and our house would therefore be an "exempt project."
Does this mean that with this exemption procedure we can already obtain a building permit / planning permission without the official site plan?
I often see residential areas where construction starts just days after servicing is completed, so there must already be a building permit / planning permission in place beforehand.
I hope I was able to explain our situation clearly enough. Thanks in advance for your answers.
I hope you can help me with my question. We own a plot of land in a residential development area that is currently being serviced. The expected completion of the servicing is August 2017. According to the local authority, once the servicing is finished, the development area will be finally surveyed and an official site plan will be created by the surveying office (this takes about 1–2 months).
According to the construction company, we need this official site plan to submit the building documents for the building permit / planning permission. This would mean that we can submit our building documents earliest in September/October.
However, I was told by the local authority that we should submit a so-called exemption application, since our house plan complies with the development plan and our house would therefore be an "exempt project."
Does this mean that with this exemption procedure we can already obtain a building permit / planning permission without the official site plan?
I often see residential areas where construction starts just days after servicing is completed, so there must already be a building permit / planning permission in place beforehand.
I hope I was able to explain our situation clearly enough. Thanks in advance for your answers.
The municipality is correct. There will be a site plan available, and the plots will be marked with wooden stakes; the installation of official boundary stones can be done later. We also received the building permit / planning permission at the end of November. Surveying and the official plan took place in February. In the meantime, we used the wooden stakes as markers, and the final boundary line was exactly the same as those markers. So the building permit / planning permission was granted based on the preliminary survey by the civil engineers. Karsten
NOmex schrieb:
I have now been informed by the municipality that we are supposed to submit a so-called exemption application because our house plan complies with the development plan, making our house an "exempted" building.
Does this mean that with this exemption procedure we can already obtain a building permit without an official site plan?As an exempted building, you actually do not need a permit. The information from the Bavarian State Ministry of the Interior on this states that the same documents as for the building application must be submitted.
For those, simply omit anything that is not available or include the preliminary survey map instead of the official survey map.
"4. Start of construction
Construction may begin if
• the municipality does not express within one month after submission of the required documents that the simplified approval procedure will be applied, or
• the municipality informs the builder in writing before the end of the one-month period that no approval procedure will be required."
This means: if the municipality does not raise any objections within one month, you can start. In my view, the worst that can happen is that they object to the map. However, this can be easily resolved, as it is generally advisable to personally hand over the documents to the case officer. If they are cooperative, they may even print out a confirmation that no approval procedure will be required. They often prefer to handle a case in one go. Of course, this presupposes that the documents clearly show that everything is in order. In other words: you should be able to clearly demonstrate on the plans that the floor area ratio, the roof pitch, and the heights are correct, the dormers are not too wide, and the garage is not too long, etc.
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NOmex schrieb:
We own a plot of land in a residential area How do you know exactly which piece of land you own? Is there a cadastral reference (district, section, parcel number) for the property? Is the land located within a land reallocation area? Have you purchased a subdivided part that is precisely described in the notary contract?
NOmex schrieb:
Does this now mean that with this exemption procedure we can already obtain a building permit without an official site plan? The building permit authority requires official documentation clearly showing the exact location and boundaries of the building plot, whether you are submitting a building application or pursuing the exemption procedure. Depending on your answers to the above questions, this could be the official property map, the land reallocation map, or the notary-sealed subdivision plan. Your designer also needs to base their planning on some verified source.
Nordlys schrieb:
We used the wooden stakes as markers for a while That’s brave, especially if you rely on them for more than just checking your site boundaries in the evening.
About escoda.
Yes, it was a bit bold. We had a boundary appointment with the surveyor. Although the weather was really bad—showers, storm, cold, muddy—I thought, put on your rubber boots and go. I had a feeling it would be worth it. He said, "Let’s walk your land." You see here in the southeast, it’s about a meter (about 3 feet) longer, the old wooden stake wasn’t quite right, the boundary stone needs to be here. Are you okay with that? He grinned. Of course I’m sure. Better to have it than need it.
But then both he and I noticed that the builder had already started on the foundation slab. Mason’s line, angle brackets... trench, sand, but luckily no concrete yet. That’s not right. The house could end up shifted a meter (about 3 feet) southeast or be askew to the boundary. I immediately called. Mr. R., there’s an issue with the boundary appointment... the stakes... the house... no longer aligned. He came in person the same day and adjusted everything with a right angle. The trench was moved slightly, then concrete... it just worked out in the end. Karsten
Yes, it was a bit bold. We had a boundary appointment with the surveyor. Although the weather was really bad—showers, storm, cold, muddy—I thought, put on your rubber boots and go. I had a feeling it would be worth it. He said, "Let’s walk your land." You see here in the southeast, it’s about a meter (about 3 feet) longer, the old wooden stake wasn’t quite right, the boundary stone needs to be here. Are you okay with that? He grinned. Of course I’m sure. Better to have it than need it.
But then both he and I noticed that the builder had already started on the foundation slab. Mason’s line, angle brackets... trench, sand, but luckily no concrete yet. That’s not right. The house could end up shifted a meter (about 3 feet) southeast or be askew to the boundary. I immediately called. Mr. R., there’s an issue with the boundary appointment... the stakes... the house... no longer aligned. He came in person the same day and adjusted everything with a right angle. The trench was moved slightly, then concrete... it just worked out in the end. Karsten
I’m familiar with some of these stories that didn’t always end well. A homeowner invests 300,000 (currency) to realize their dream of owning a home, only to be persuaded by the architect, the builder, or well-meaning acquaintances to skip the 0.1–0.2% cost for the surveyor. In the end, they end up paying 10% more for the corrections.