ᐅ Questions Regarding the Interpretation of Section 34 of the Building Code
Created on: 2 Sep 2019 19:45
S
Schlenk-Bär
We have purchased a plot of land to build a single-family house. There used to be some old buildings on the property, which have now been demolished. We are currently focusing intensively on planning the house. There is no local land-use plan (building plan / planning permission) for the plot, so according to the responsible building authority, Section 34 of the German Building Code applies. I have read the legal text several times but did not gain much clarity, so I searched for interpretation aids... to say the least, it’s quite complex. I hope someone here in the forum can help us with our questions.
In the attached image below, our plot is outlined in red. There are land-use plans (building plans / planning permissions) for the two red areas. Section 34 states that a project is permissible if it aligns with the character of the immediate surroundings in terms of the type and extent of land use, building method, and the area of the plot to be built on, and if access infrastructure is secured.
What does this actually mean for our project? Should we orient ourselves according to the land-use plan on the right side? That would be a row of terraced houses standing perpendicular to the street, with houses arranged behind them. Or should we follow the three houses on the left side? Can three houses really be considered a coherent building context? Or the houses on the opposite side of the street?
How far from the street would we need to build our house? We definitely want to build farther from the street than the neighbors on the left side. What would be the best way to argue this? Could it help that an old building, which we have now demolished, was roughly in the center of the plot?
Thank you very much for your help.
In the attached image below, our plot is outlined in red. There are land-use plans (building plans / planning permissions) for the two red areas. Section 34 states that a project is permissible if it aligns with the character of the immediate surroundings in terms of the type and extent of land use, building method, and the area of the plot to be built on, and if access infrastructure is secured.
What does this actually mean for our project? Should we orient ourselves according to the land-use plan on the right side? That would be a row of terraced houses standing perpendicular to the street, with houses arranged behind them. Or should we follow the three houses on the left side? Can three houses really be considered a coherent building context? Or the houses on the opposite side of the street?
How far from the street would we need to build our house? We definitely want to build farther from the street than the neighbors on the left side. What would be the best way to argue this? Could it help that an old building, which we have now demolished, was roughly in the center of the plot?
Thank you very much for your help.
S
Schlenk-Bär7 Sep 2019 10:33ypg schrieb:
Get an architect from your area. Otherwise, it won’t work. You are risking your options. In my opinion, the demolition of the shed was also too hasty. Why was the demolition too hasty? No matter where we place the house, it would always have been in the way. I had already considered that beforehand. Besides, a garage also had to be removed (not shown in the picture on page 1) because it would also have been in the way of construction. It blocked the driveway. Hiring a demolition company twice would have been even more expensive. Disposal costs are also skyrocketing. Every year it gets more expensive, so the sooner, the cheaper. Demolition in autumn/winter would have been difficult anyway due to softened ground.
Besides, I don’t see the connection between the argument for our project to the authorities and the demolition of the buildings.
S
Schlenk-Bär7 Sep 2019 11:21ypg schrieb:
Get an architect from your local area. Otherwise, it won’t work. That was clear from the start. I want to be well prepared because, on one hand, I plan to have a non-binding discussion with the authority to roughly explore the available options. I don’t want to go into such a conversation completely unprepared. On the other hand, I want to be able to at least roughly assess the architect’s approach. I don’t like not being able to judge something at all myself.
In fact, some life experience also comes into play. Architects today, similar to real estate agents, tend to be rather aloof to arrogant. They can basically pick their projects. I wouldn’t be surprised if the architect doesn’t put much effort in here and that in the end we have to negotiate directly with the authority on our own... I don’t want that, but I definitely don’t consider it impossible.
Schlenk-Bär schrieb:
Could you maybe provide a few key points?Not really. 1. I’m not an architect
2. I have too few facts
a) What does the neighboring development look like?
i) Year of construction
ii) Usage
iii) Number of storeys (floors)
iv) Heights
b) When did the adjacent zoning plan become legally binding (building permit / planning permission)?
c) What does it specify?
3. I don’t know anyone at the building authority
Schlenk-Bär schrieb:
Actually, I spoke with several planners Which of them made you feel uncertain? What kind of professionals were they? Architects? Structural engineers? Home sales representatives?
Schlenk-Bär schrieb:
who interpret it very differently Who interpreted what in which way? What opinions were expressed?
Schlenk-Bär schrieb:
I don’t want to go into the meeting unprepared, so here is my question. That’s a good intention, but right now you are overthinking it. You are already one step ahead. Initially, it’s just about understanding the authority’s perspective. You present your project, and they tell you what is allowed and what isn’t. For what is not allowed, have them explain the reasons clearly so you can assess whether they make sense and if you can accept them, or if it’s worth sticking to your plans when submitting the building permit / planning permission application. After the meeting, you can come back to the forum to discuss the authority’s views. By the time you submit the application, you will have found an authorized building professional who will evaluate whether your wishes are feasible. It will then be their job to phrase your plans cleverly to make them approvable.
Keep in mind during the meeting that the person you’re talking to probably hasn’t dealt with the plot as thoroughly as you have. That’s why it’s helpful to provide photographic documentation of the neighboring buildings so they can get an overall impression. You don’t know how familiar they are with the local area. Avoid provoking hasty decisions that cannot be reversed later. Keep the conversation open and gather as much information as possible, but don’t start legal or regulatory debates. Don’t forget to make your own notes immediately afterward. Having a second listener (not an active speaker) can be helpful for this.
Schlenk-Bär schrieb:
Why was the demolition too hasty?Because the building authority also considers the existing structures.
The shed was already far back, exactly where you planned to build...
It may not have been necessary, but it could have been helpful.
But it doesn’t matter: the real life isn’t raging here in the forum, but outside.
Schlenk-Bär schrieb:
Our reasons for positioning the building approximately 10 m (33 feet) away from the road are: reduction of noise caused by the road; Increasing the distance by five or seven meters (16 or 23 feet) does not significantly reduce sound pressure level without additional measures. What kind of noise barriers are you able or allowed to install or plant there?
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