ᐅ Floor Area Ratio / Site Coverage Ratio for Plots Without a Zoning Plan: How to Calculate? Any Experiences?

Created on: 13 Aug 2018 19:07
H
Hausbau671
Good evening everyone,

Although I have already gathered some knowledge, I am stuck at a certain point. Therefore, I hope someone here can help me.

For retirement planning, I want to purchase a plot of land and build a multi-family house on it. I intend to rent out these apartments at affordable rents.

Now, the seller has asked me to submit an offer for the land. I would like to make an offer, but I am not sure how to calculate everything.

Information about the land:
- 623m² (6700 sq ft)
- Location: Berlin
- No formal zoning plan (development plan / building permit plan) established
- Land-use plan designates residential area, W2
- Standard land value 800€/m² / W 1.0

Because there is no formal zoning plan, I do not know the parameters for building use (site coverage ratio & floor area ratio). Consequently, I don’t know how I can develop the plot. The land-use plan doesn’t help either because the values for site coverage ratio and floor area ratio vary considerably within this type of area.

Where and how can I obtain this information so I can calculate and make an offer to the seller? There must be a way to know, with some certainty, how I can develop a plot without having to purchase it first and establish a formal zoning plan...

Thank you very much, and I really hope someone can assist me.

Have a nice evening and best regards,

K. Schulz
11ant14 Aug 2018 18:15
Project-related development plans are development plans initiated privately. Typically, an investor aims to develop several adjacent plots of land (e.g., changing from industrial use to a senior living facility). You can check publicly whether such plans have been created for neighboring buildings. I do not see any such plans for your individual plot—if it were about four times larger, the situation might be different. So, you wait until the district (your building location is: BE) decides to create a development plan on its own, or you use Section 34 as a basis.

At the building authority of your district office, you can view which development plans exist there. Nowadays, they often provide this information on their website, sometimes even during the public participation procedures for the plan’s creation. Every development plan has a number and is recorded, whether initiated by the municipality or privately.

In my opinion, a preliminary building inquiry should also be possible without involving the property owner. On the other hand, there is no need to be “embarrassed” about openly acquiring the plot with the intention to build.
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E
Escroda
14 Aug 2018 21:32
I assume this is a building plot, meaning it borders a public road and that utility connections are accessible.
Hausbau671 schrieb:
The land use plan doesn’t help me because the data on floor area ratio and site coverage ratio vary significantly in this type of area.

You yourself wrote "W2," which means a floor area ratio of up to 1.5. The W3 zone goes up to 0.8, so your floor area ratio is between 0.8 and 1.5. That fits with the standard land value of 1.0. If this also matches +/- 10% of the building development on neighboring properties, then the variation is not that significant anymore.
Hausbau671 schrieb:
almost binding

See @Fuchur
Hausbau671 schrieb:
having a binding development plan created

Under my assumption, that should not be necessary.
Hausbau671 schrieb:
What do the building authority experts refer to?

To the existing development.
Hausbau671 schrieb:
Is there any map that is not publicly accessible?

No.
Hausbau671 schrieb:
I suppose I have to coordinate this building inquiry with the current owner first

No.
Hausbau671 schrieb:
And aren’t there architect fees involved already because the whole plan must be finished?

No. You can draw a simple box with a Roman numeral on the cadastral map, which shows the outline and number of floors of your house. Then calculate the site coverage ratio/floor area ratio and ask if this is allowed—done. Unless you want more certainty about things like closed or open building style, eave and ridge heights, roof design (shape, pitch, dormers) …
Hausbau671 schrieb:
Is there any official regulation stating from which plot size a project-related development plan can be used?

Forget the project-related development plan! It won’t be necessary, and if it is, you can forget about the plot anyway.
H
Hausbau671
15 Aug 2018 11:26
Hello everyone,

And a big thank you to all who are helping me here.

@Nordlys, thank you very much. I will now get in touch with the building authority. I was able to find their consultation hours on the website. One more question: The urban planning department provides almost the same information as the building authority. What is the difference here? Or can I simply choose whom to contact?

@readytorumble, thanks.

@Fuchur, good idea, thanks! Do you also know where I can find the exact costs for such a preliminary building inquiry? I would think there must be some regulation detailing the fees for this kind of request.

@11ant, thanks.

@Escroda, thanks, and it is correct that the plot borders a public traffic area.

And you are right about the W2, but in my opinion, a fluctuation in the floor area ratio between 0.8 and 1.5 is far too large for a reliable calculation. However, I am on the best path to find out more details.

As a general question to everyone: What determines whether a project is realized according to Section 34 of the Building Code (Baugesetzbuch) or whether a site-specific development plan is prepared? I still do not fully understand the difference and when each approach is applied.

Best regards

K. Schulz
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Nordlys
15 Aug 2018 12:14
Regarding urban planning, we don’t have anything like that here. You should go to the building authority.

34 is the option when the construction project is a bit too small for a development plan. To build one house with, say, 6 residential units, a development plan is usually too expensive. For a settlement with 4 houses and 24 residential units, it’s different. The advantage of a development plan is, of course, that if you get approval, you don’t have to conform to the surrounding area.
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Fuchur
15 Aug 2018 12:21
Hausbau671 schrieb:
Do you also know where I can find the ‘exact’ costs for such a building preliminary inquiry? I would think there must be some regulation detailing the costs for this preliminary request.

In the fee schedule of your country. Here in Saxony, it basically states: Fees are determined based on the effort required to review the submitted questions. Minimum fee: 50€ (about 54 USD), maximum fee: fees of the building permit/planning permission; if a building permit follows the preliminary inquiry, part of the fees will be credited.
11ant15 Aug 2018 17:18
Hausbau671 schrieb:
What determines whether a project is realized according to §34 of the Building Code or through a project-specific development plan?

Simply put, development plans have been prepared for new residential areas for about sixty years now. They are not used for areas with only isolated building gaps; new residential areas are typically designated based on demand.

The typical initiator of a development plan is the local council, usually to prevent potential homeowners from moving to neighboring towns.

Project-specific development plans are the exception. For example, they are initiated by an investor who wants to develop a large-scale eyesore and considers an engineering firm to be more creative than the building authority staff. For instance, because they have a vision of the buildings (and their positions relative to each other) and want to design the roads around them rather than the other way around.

With your six hundred and something square meters, you are more like a minor case—here, the saying applies: "you have to make do with what you're given."

§34 is the catch-all provision so that parts of the municipality without a development plan are not legally without regulation. Its drawback (less legal certainty compared to regulated small parcels) is usually outweighed by the advantage of greater flexibility due to the more flexible integration requirement.

If §34 applies to your property, you don’t need to be upset or jealous and hope for a development plan anytime soon—you will generally be better off.

Preliminary requests and permits have the same validity in both cases. Having a permit under §34, here and now in hand, is almost always worth more than waiting for the legal effect of a development plan that still needs to be initiated.
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