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

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

Manuel01 schrieb:

Does anyone know how it works if the development plan allows only 2 residential units per lot, but you want to build at least a 4-family house?

Then the development plan applies, and you are only allowed to build two residential units. Plain and simple.

Manuel01 schrieb:

I heard that case law, as well as the law itself, does not consider the number of residential units as a criterion for compatibility according to § 34 of the Building Code.

Section 34 applies when there is no development plan. So you can forget about that.

Manuel01 schrieb:

Is there any possibility to deviate from the specifications of the development plan if the above is respected?

For a multi-family house where only 2 residential units are allowed? No chance.

I can only say that we would not have obtained the building permit / planning permission if we had exceeded the number of residential units. This is not just about parking spaces but also concerns the impact on the property regarding waste disposal, sewage, noise, and similar factors, as well as the provision of water, electricity, kindergartens, schools, playgrounds, and so on for the residents.

Manuel01 schrieb:

But what if someone wants to build (at least) a four-family house?

It’s not about what you want to build, but what you are allowed to build!
It would be even worse if it were the other way around or if laws no longer applied just because you want something or can’t do it the way you want.

K a t j a schrieb:

This is not only about parking spaces but also about the impact on the property regarding waste disposal, sewage, noise, and similar factors, as well as providing residents with water, electricity, kindergartens, schools, playgrounds, etc.

Exactly. ... as well as the “wear and tear” on roads, infrastructure, and so on. All of this is calculated in advance.

Yes, this has been calculated, but not down to the decimal places. Of course, this is still not allowed; it is not intended.

But the reasoning, sorry. An 8-person family can also build a single-family house. Or you could use electricity equivalent to five households because you are mining Bitcoins. Or you constantly have your parents-in-law staying in the guest room, or four visitors who all arrive in their own cars and block the streets.

I can also take in six refugees from Ukraine; who would forbid me from doing that.

It is not intended and therefore will not be approved, period.

MachsSelbst schrieb:

An 8-person family can also build a single-family house.

No. The number of occupants was also specified as 4. As far as I know, you can’t simply accommodate 6 refugees or similar. Of course, you wouldn’t have to move out if you have triplets. But basically, there was a capacity limit applied in our case.