ᐅ Building a Multi-Family Residential Property Despite the Number of Units Specified in the Zoning Plan / Development Plan

Created on: 7 Mar 2025 17:51

Hello everyone,

Does anyone have knowledge about the situation where a zoning plan allows only 2 residential units per plot, but one wishes to build at least a 4-family house?
I have heard that case law, as well as the law itself, do not consider the number of residential units as a relevant criterion under § 34 of the Building Code (Baugesetzbuch) for assessing compatibility with the surrounding area.
The building volume would remain the same, even if two semi-detached houses were built. All boundaries are respected, and parking spaces would be provided through the construction of an underground garage.

Is there a possibility to deviate from the zoning plan regulations if the above conditions are met?

Does anyone have experience or knowledge on this?

Kind regards,
Manuel

NatureSys8 Mar 2025 09:24

K a t j a schrieb:

No. The number of occupants was also fixed at 4. As far as I know, you can’t just take in 6 refugees or something like that. Of course, you wouldn’t have to move out if you had triplets. But basically, there was a capacity limit set for us.

Where exactly did you have capacity limits? In the zoning plan / development plan?
I’ve never heard of anything like that.
Of course, maximum sizes in square meters can result from the zoning plan—for example, from floor area ratio and site coverage ratio. But a maximum number of occupants, that would be interesting.

nordanney8 Mar 2025 09:28

NatureSys schrieb:

Where did you encounter capacity requirements? In the zoning plan / development plan?

According to Article 2 of the Basic Law (Grundgesetz), this is not permitted and I have never seen it before. You can safely disregard it.

Is the woman forced to have an abortion if suddenly there are triplets?

K a t j a8 Mar 2025 11:17

We had to specify the number of residents. This was necessary because the size of the septic tank including the infiltration system has limited capacity due to the soil conditions. Whether this ultimately made a difference, I cannot say.

11ant8 Mar 2025 11:38

#10

@K a t j a: What type of residential development are you referring to?
@Manuel01: What is the purpose of your question?

https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/

wiltshire8 Mar 2025 13:25

#11

Manuel01 schrieb:

Is it possible to deviate from the zoning plan requirements if the above conditions are met?

Yes, it is possible if you obtain a special permit for your project. It all depends on communication with the building authority and other relevant agencies that need to approve it, such as the local water authority. However, you do not have a legal right to build in deviation from the zoning plan.

Experience:
Despite having three front doors and three fully independent residential units with no connection between them, we were able to get approval for the plan as a single-family house. This means we cannot sell the units individually, which we never intended to do anyway. Renting out, for example as holiday accommodations, would be no problem and is also planned in case we face financial difficulties in old age.

wiltshire8 Mar 2025 18:03

#12

K a t j a schrieb:

We had to specify the number of occupants. This was necessary because the size of the wastewater treatment system including infiltration is limited due to the soil conditions.

Thank you for the explanation. At first, I was a bit confused, but now it makes sense.
Building regulations can sometimes seem restrictive when it comes to individual projects, but overall they are quite practical and thoughtfully designed.

ᐅ Building a Multi-Family Residential Property Despite the Number of Units Specified in the Zoning Plan / Development Plan

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