ᐅ Assessment of the Buildability of a Large Plot According to Section 34
Created on: 17 Feb 2017 00:04
R
R.HotzenplotzR
R.Hotzenplotz17 Feb 2017 00:04Hello,
I am considering a plot with an existing building.
24 meters (79 feet) wide
44 meters (144 feet) deep
Here is an impression of the plot and its surroundings.





Development is permitted according to Section 34.
The building authority has indicated they would approve two full stories with a flat roof if the design fits the surroundings. In the nearby neighborhood, which is not shown in the photos, there are also some newer houses with flat roofs and two full stories.
No further information is provided by the building authority. They want to see an architect’s design first and then conduct a building consultation. However, I cannot wait that long, as the plot will likely not be reserved for me indefinitely.
Therefore, my question is: what would be possible on this large plot with the current low building in place and two full stories? We are imagining a house with about 200 square meters (2,150 square feet) plus usable space in the basement. We are not really fans of stepped floors in two-story buildings but would prefer two full stories. This means the 1,085 square meter (11,679 square feet) plot is very large compared to the building volume.
At the same time, we place great importance on privacy. Given the development in the neighborhood, I do not expect to be allowed to build a boundary wall around the property like we have at our current home:

It’s a bit dark but you can see it.
We appreciate being able to keep people off the property when the gate is closed. That already provides good privacy. I doubt that a roughly 2-meter (6.5 feet) high wall would be permitted on the plot we are considering, judging by the street there, right?
Then our minimum requirement would be that the plot is fully enclosed from left to right starting at the house so no one can enter the garden from the street (not even by climbing a small gate or similar). It would need to be a continuation of a wall like the existing old building. I would probably see this more on the left side, where the tree that we find very worth preserving stands. Maybe the garage would be on the right side.
But does all of this fit within our framework for a house? Or is the plot simply oversized? Clearly, it is large at 1,085 square meters (11,679 square feet). However, it is affordable. We have no problem with a large garden. We have been searching for about three years and have not found anything. This plot would simply be great in terms of neighborhood, location, price, space, etc. But can we make it work like this?
Best regards,
Oliver
I am considering a plot with an existing building.
24 meters (79 feet) wide
44 meters (144 feet) deep
Here is an impression of the plot and its surroundings.
Development is permitted according to Section 34.
The building authority has indicated they would approve two full stories with a flat roof if the design fits the surroundings. In the nearby neighborhood, which is not shown in the photos, there are also some newer houses with flat roofs and two full stories.
No further information is provided by the building authority. They want to see an architect’s design first and then conduct a building consultation. However, I cannot wait that long, as the plot will likely not be reserved for me indefinitely.
Therefore, my question is: what would be possible on this large plot with the current low building in place and two full stories? We are imagining a house with about 200 square meters (2,150 square feet) plus usable space in the basement. We are not really fans of stepped floors in two-story buildings but would prefer two full stories. This means the 1,085 square meter (11,679 square feet) plot is very large compared to the building volume.
At the same time, we place great importance on privacy. Given the development in the neighborhood, I do not expect to be allowed to build a boundary wall around the property like we have at our current home:
It’s a bit dark but you can see it.
We appreciate being able to keep people off the property when the gate is closed. That already provides good privacy. I doubt that a roughly 2-meter (6.5 feet) high wall would be permitted on the plot we are considering, judging by the street there, right?
Then our minimum requirement would be that the plot is fully enclosed from left to right starting at the house so no one can enter the garden from the street (not even by climbing a small gate or similar). It would need to be a continuation of a wall like the existing old building. I would probably see this more on the left side, where the tree that we find very worth preserving stands. Maybe the garage would be on the right side.
But does all of this fit within our framework for a house? Or is the plot simply oversized? Clearly, it is large at 1,085 square meters (11,679 square feet). However, it is affordable. We have no problem with a large garden. We have been searching for about three years and have not found anything. This plot would simply be great in terms of neighborhood, location, price, space, etc. But can we make it work like this?
Best regards,
Oliver
The term "existing building" refers to the approximately 50-year-old bungalow – which, except for the thermal insulation standard, probably still has a solid structure. Should it stay as is, be renovated/expanded, or removed?
An aerial photograph could complete the overview.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
An aerial photograph could complete the overview.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
R
R.Hotzenplotz17 Feb 2017 08:17I can’t see any of the pictures...
We are currently in a similar situation: building according to §34 (although without as much space).
Don’t let yourselves be intimidated! Often, people at the building authority prefer to follow standard procedures. However, §34 actually gives you quite a lot of flexibility. Of course, you can’t build a 10-story high-rise in a neighborhood of single-family homes, but when it comes to style, they really can’t interfere much. Not even regarding the roof shape, etc.
That’s what we’ve learned. But (there’s always a “but,” right?): you have to be patient.
The absolute limiting factors are the required setback distances. These are mandatory building regulations and must be strictly observed.
In our case, these setback requirements mean that unfortunately we have to switch to a pitched roof with a lower knee wall. That probably won’t be an issue for you.
Find a capable architect whose style you like and (this is really, really important) who is also willing to stand up to the building authority. (At first, we had an architect who wasn’t willing to do that...)
Good luck!
I’m definitely envious—you can be sure of that. We would have loved to build in the Bauhaus style as well...
We are currently in a similar situation: building according to §34 (although without as much space).
Don’t let yourselves be intimidated! Often, people at the building authority prefer to follow standard procedures. However, §34 actually gives you quite a lot of flexibility. Of course, you can’t build a 10-story high-rise in a neighborhood of single-family homes, but when it comes to style, they really can’t interfere much. Not even regarding the roof shape, etc.
That’s what we’ve learned. But (there’s always a “but,” right?): you have to be patient.
The absolute limiting factors are the required setback distances. These are mandatory building regulations and must be strictly observed.
In our case, these setback requirements mean that unfortunately we have to switch to a pitched roof with a lower knee wall. That probably won’t be an issue for you.
Find a capable architect whose style you like and (this is really, really important) who is also willing to stand up to the building authority. (At first, we had an architect who wasn’t willing to do that...)
Good luck!
I’m definitely envious—you can be sure of that. We would have loved to build in the Bauhaus style as well...
The building feasibility according to Section 34 of the Building Code must always be negotiated with the building authorities through a preliminary building enquiry. Since there are no clear specifications from a binding land-use plan (B-Plan), the building should blend into the surroundings in terms of size, mass, and proportions. I am assuming a floor area ratio / plot ratio of 0.2 / 0.4, so your desired house size of 200m2 (2,150 sq ft) / two stories should not pose a problem in terms of land use.
However, since the concept of "blending in" is quite open to interpretation and the authorities are likely aware that construction styles today differ from those of past decades, a preliminary building enquiry should be submitted with a usage study / initial design showing a basic solution preferred by the client, to obtain official approval from the authorities. Oral information is not legally binding.
It is always helpful to discuss the specific situation in detail in a personal meeting with the responsible officer beforehand and to present these possible solutions. You should prepare your arguments for this, which also includes analyzing the surroundings (photos, calculations) and the mentioned usage study. This will make many things possible.
An example: For a planned multi-family residential building in the center of Euskirchen, a prospective buyer asked me for advice on purchasing the property because the existing building is to be demolished and replaced with a new 3.5-story building. The investor has certain ideas about the utilization of the plot that are initially not allowed according to the land-use plan. After studying the surroundings (approved developments and expansions in recent years), the land-use plan, and the textual explanations of the plan, I was already able to obtain preliminary approval from the approval authority in the initial conversation about the building enquiry that a higher utilization of the plot and a different roof shape would be accepted, since the land-use plan is already 35 years old and requirements have changed today. The investor will purchase the property; the preliminary building enquiry will be submitted.
I recall that you already asked a question about this property in December. Has there been no progress since then?
If you are clearly very interested in this property, you should follow the official process.
However, since the concept of "blending in" is quite open to interpretation and the authorities are likely aware that construction styles today differ from those of past decades, a preliminary building enquiry should be submitted with a usage study / initial design showing a basic solution preferred by the client, to obtain official approval from the authorities. Oral information is not legally binding.
It is always helpful to discuss the specific situation in detail in a personal meeting with the responsible officer beforehand and to present these possible solutions. You should prepare your arguments for this, which also includes analyzing the surroundings (photos, calculations) and the mentioned usage study. This will make many things possible.
An example: For a planned multi-family residential building in the center of Euskirchen, a prospective buyer asked me for advice on purchasing the property because the existing building is to be demolished and replaced with a new 3.5-story building. The investor has certain ideas about the utilization of the plot that are initially not allowed according to the land-use plan. After studying the surroundings (approved developments and expansions in recent years), the land-use plan, and the textual explanations of the plan, I was already able to obtain preliminary approval from the approval authority in the initial conversation about the building enquiry that a higher utilization of the plot and a different roof shape would be accepted, since the land-use plan is already 35 years old and requirements have changed today. The investor will purchase the property; the preliminary building enquiry will be submitted.
I recall that you already asked a question about this property in December. Has there been no progress since then?
If you are clearly very interested in this property, you should follow the official process.
R
R.Hotzenplotz17 Feb 2017 11:06I had the plot already in mind back in December. However, my bid was not the highest. A few days ago, the real estate agent called to inform me that the developer who had placed the highest bid withdrew three days before the notary appointment because their multi-family housing project was ultimately not approved by the building authority, making the project economically unviable for them.
I am the second-highest bidder and can now purchase at my original offer price.
Of course, I did not take any further action after their withdrawal. Before that, I had been in contact with the building authority. They said they could not provide more details in advance beyond confirming that two full stories with a flat roof are possible. They also mentioned that a building consultation with the city only makes sense if I bring an architectural design, which I had not prepared.
I am currently in contact with a general contractor (company Artos), and we are working on some plans.
I am the second-highest bidder and can now purchase at my original offer price.
Of course, I did not take any further action after their withdrawal. Before that, I had been in contact with the building authority. They said they could not provide more details in advance beyond confirming that two full stories with a flat roof are possible. They also mentioned that a building consultation with the city only makes sense if I bring an architectural design, which I had not prepared.
I am currently in contact with a general contractor (company Artos), and we are working on some plans.