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-Bär8 Sep 2019 23:27Escroda schrieb:
I would have considered your picture as the worst-case scenario for you. If that’s acceptable to you, I wonder what wouldn’t be. This way, you can approach the conversation calmly, as I can no longer see any problem. Okay? I wouldn’t have thought that. The blue lines indicate the building boundary. The front edge of our house is 10m (33 feet) from the street. For the neighbors on the left side, it’s about 4m (13 feet). Previously, you said it was just unfortunate that the neighbors on the left built aligned like that and that it could also be required of us. Or did I misunderstand? I’ll check again...
S
Schlenk-Bär8 Sep 2019 23:28Escroda schrieb:
One could see it that way. Your bad luck is that the street setbacks of your neighboring houses hardly differ at all. In my opinion, however, the small number of neighbors (3) argues against already deriving a de facto building line from this.Yes, that’s it here.Schlenk-Bär schrieb:
"The building plot itself is also part of the immediate surroundings. The development realized on it—or even if removed but still having an effect—influences the immediate environment."I am confused about how the shape of a building can continue to shape the surroundings "beyond its death."Schlenk-Bär schrieb:
That the area on the right side (with the development plan) cannot be considered. Why is that?That would contradict the administrative principle that each matter falls under only one jurisdiction. The spatial boundaries of development plans therefore never overlap, just as every municipality belongs to only one federal state. Otherwise, there would be a conflict between two different legal situations for all plots located at the borders of their respective areas.https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
S
Schlenk-Bär9 Sep 2019 19:0911ant schrieb:
I'm completely puzzled.Me too – unfortunately, like with many things I've read on this topic. Getting started with this subject is definitely not straightforward for non-experts.S
Schlenk-Bär9 Sep 2019 20:41Escroda schrieb:
I think we might be misunderstanding each other. Please draw your desired house to scale on the map and add some dimensions. I want to make sure we are not talking past each other. Sure, I quickly made it with a program where I can’t rotate the numbers. I hope it’s clear. The neighboring property has 4 m (13 feet) from the house wall to the sidewalk; on our side, it would be 10 m (33 feet). The lot is 20 m (66 feet) wide, and the house including the garage is 17 m (56 feet). The house depth (towards the rear) is 9.5 m (31 feet), and the garage on the right side is 9 m (30 feet). However, I did not include the small offset.
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