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
M
Manuel01
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
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:
Thank you very much for your replies. I don’t see your response to my follow-up question yet.
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11ant schrieb:
@K a t j a: what type of residential development are you referring to?
@Manuel01: what is the purpose of your question?Hi again,
I wanted to learn from others’ experience since it is sometimes possible to deviate from the regulations of the development plan under certain circumstances.
Ultimately, the issue is that the building’s volume—meaning a project with an underground garage and 6 or even only 4 residential units, which would require an exemption from the development plan’s regulations—would remain the same if only 2 residential units were built. Given this fact, that the building would not change externally, an exemption from the regulations should be reasonable. However, the project will probably depend on the discretion of the authorities.
Regards and have a nice Sunday!
N
nordanney9 Mar 2025 15:11Manuel01 schrieb:
Considering the fact that the building’s exterior would not change, an exemption from the regulations should be quite reasonable.No, why should it be? You need a valid reason. Otherwise, the requirements wouldn’t be necessary. In a typical residential area, multi-family houses are simply not desired.Manuel01 schrieb:
Does anyone know how it works if a zoning plan allows only 2 residential units per lot, but you want to build at least a four-family house?
I’ve heard that both case law and the law itself do not consider the number of residential units as a criterion under § 34 of the Building Code.
The volume of the building would remain the same even if two semi-detached houses were built. All limits are observed, and parking spaces could also be provided by constructing an underground garage.Manuel01 schrieb:
Ultimately, it is about the fact that the building volume—that is, the project with an underground garage and either 6 or only 4 residential units, which would require an exemption from the zoning plan regulations—would remain the same if only 2 residential units were built inside.At first, I wondered how anyone could justify an underground garage for just two residential units (and where a limit on the number of units per lot would come from in a §34 zoning area). Now I’m completely confused: do you want to build six or only two residential units where four would be planned?Initially, I thought: ah, someone must have purchased two adjacent semi-detached house lots, each allowing a maximum of two residential units, and now wants to combine the lots and build a four-family house on them. They would then create six or eight parking spaces in an underground level. I already had difficulty understanding this in the context of §34, as it is uncommon there to limit residential units per lot. An integration requirement would also not be precisely definable in this regard and would need to be specified, for example, by a local ordinance. So, please get to the point: what kind of strange hybrid between an integration requirement and a qualified zoning plan are we dealing with here? Even Schrödinger never invented a “regulation” oscillating between these extremes.
However, if there is a zoning plan and you have obtained an exemption to increase to six residential units but now want to realize only four or even just two: then that should be possible, but it would likely require a new building application and exemption request.
Did you design something but now can’t sell it, so you want to downsize it based on the approved permit including the exemption?
Threads like “please give me a general answer so I can keep the purpose of my question secret” only end with discounted near-expiry popcorn. The movie “possibly a horse and the secret goal of its unknown rider” will flop at the box office, Mr. Bialystock!
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11ant schrieb:
and where in a §34 area a limitation on the number of residential units per plot would apply"if it fits into the character of the immediate surroundings in terms of the type and extent of structural use, the building method . . ."Source: Building Code
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