ᐅ The city’s Passive House requirements are not included in the zoning plan (or development plan).
Created on: 17 Jul 2025 07:27
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Mathis.aenniM
Mathis.aenni17 Jul 2025 07:27Hello dear forum,
We are new here since we recently have the opportunity to purchase a plot of land in a new development area. We have one of the five plots that cannot be connected to the local district heating network. We actually like this because it allows us to be self-sufficient with a heat pump and photovoltaic system. The development plan appears to be quite flexible in our opinion, with hardly any requirements that would significantly restrict us.
However, the property listing mentions a restriction: “-Passive house.” This is a very vague description in our view, because even after thoroughly reviewing all other public documents, including the development plan, the term passive house is nowhere mentioned. When we contacted various city offices to find the appropriate contact person, we encountered a lot of uncertainty about this topic. When we eventually found the planner of the development area, he gave us a brief answer on the passive house issue and referred us to a page in a 100-page PDF (IG Passive House Germany) containing the applicable requirements for our plots: Passive House Classic, heating demand 15 kWh/m²a (5.3 kBtu/ft²/year) and a maximum renewable primary energy demand of 60 kWh/m²a (21.1 kBtu/ft²/year).
Based on this information, we obtained initial offers from various prefabricated house manufacturers, many of whom cannot meet this very low heating demand and thus cannot provide a concrete offer.
Now for the main legal question: Isn’t the binding document for the building permit / planning permission the development plan? Other publicly available documents on Baupilot or at the city building authority do not list these limits. What is your assessment—if a building permit application with an energy certificate for a higher heating demand were submitted, would it withstand potential objections from the city in court?
Thank you in advance for your ideas and opinions on this tricky situation.
Mathias
We are new here since we recently have the opportunity to purchase a plot of land in a new development area. We have one of the five plots that cannot be connected to the local district heating network. We actually like this because it allows us to be self-sufficient with a heat pump and photovoltaic system. The development plan appears to be quite flexible in our opinion, with hardly any requirements that would significantly restrict us.
However, the property listing mentions a restriction: “-Passive house.” This is a very vague description in our view, because even after thoroughly reviewing all other public documents, including the development plan, the term passive house is nowhere mentioned. When we contacted various city offices to find the appropriate contact person, we encountered a lot of uncertainty about this topic. When we eventually found the planner of the development area, he gave us a brief answer on the passive house issue and referred us to a page in a 100-page PDF (IG Passive House Germany) containing the applicable requirements for our plots: Passive House Classic, heating demand 15 kWh/m²a (5.3 kBtu/ft²/year) and a maximum renewable primary energy demand of 60 kWh/m²a (21.1 kBtu/ft²/year).
Based on this information, we obtained initial offers from various prefabricated house manufacturers, many of whom cannot meet this very low heating demand and thus cannot provide a concrete offer.
Now for the main legal question: Isn’t the binding document for the building permit / planning permission the development plan? Other publicly available documents on Baupilot or at the city building authority do not list these limits. What is your assessment—if a building permit application with an energy certificate for a higher heating demand were submitted, would it withstand potential objections from the city in court?
Thank you in advance for your ideas and opinions on this tricky situation.
Mathias
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nordanney17 Jul 2025 09:00Mathis.aenni schrieb:
Is the development plan the official document for submitting the building permit / planning permission? Yes. Nothing more, nothing less.
That settles the matter. The city can make demands, but they will backfire with those demands.
Why don’t you share the development plan? For example, mention the name of the city and the development plan—definitely avoid any direct links.
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Mathis.aenni17 Jul 2025 09:15Hello nordanney,
thank you for your quick response. All documents are available for review at Baupilot. The residential area is Beim Brückle 1 in 89079. Thanks in advance for your further support.
thank you for your quick response. All documents are available for review at Baupilot. The residential area is Beim Brückle 1 in 89079. Thanks in advance for your further support.
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nordanney17 Jul 2025 09:41I took the liberty of reviewing all the documents.
Conclusion: You can also build according to the Building Energy Act, with no obligation to follow Passive House standards. The building authority cannot enforce anything on you.
P.S.
For safety, still consider investing a bit of money in an initial consultation with a construction lawyer.
At the same time, submit a written request to the building authority asking for a statement regarding the discrepancy between the development plan and the demand for Passive House standards, and request clarification or specific requirements from the city’s perspective.
Conclusion: You can also build according to the Building Energy Act, with no obligation to follow Passive House standards. The building authority cannot enforce anything on you.
P.S.
For safety, still consider investing a bit of money in an initial consultation with a construction lawyer.
At the same time, submit a written request to the building authority asking for a statement regarding the discrepancy between the development plan and the demand for Passive House standards, and request clarification or specific requirements from the city’s perspective.
au contraire @nordanney
If you buy from the city of Ulm, please take a look at the standard purchase agreement. There is a contractual clause, especially § 2 clause 5.
If the city now requires the construction of a passive house (PH) when allocating the plot because you cannot connect to the mains, then you have a problem. In this case, you either build the passive house or you don’t get the plot. Only the city can clarify this for you. Whether this would hold up in court is a completely different matter. However, it could take so long to be decided that you might grow old and gray in the meantime...
If you buy from the city of Ulm, please take a look at the standard purchase agreement. There is a contractual clause, especially § 2 clause 5.
If the city now requires the construction of a passive house (PH) when allocating the plot because you cannot connect to the mains, then you have a problem. In this case, you either build the passive house or you don’t get the plot. Only the city can clarify this for you. Whether this would hold up in court is a completely different matter. However, it could take so long to be decided that you might grow old and gray in the meantime...
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wiltshire17 Jul 2025 10:21Mathis.aenni schrieb:
Is the development application to be submitted not the legally binding zoning plan? nordanney schrieb:
Yes. Nothing more, nothing less. I find this answer surprising because special local requirements arise alongside the zoning plan from various municipal ordinances.
To my knowledge, ordinances specify details of a zoning plan and are also legally binding.
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