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
V
Vrumfondel10 Mar 2025 10:52Manuel01 schrieb:
But the project will probably fail due to the discretion of the authority. This is phrased somewhat harshly – there is a development plan that clearly sets out binding requirements.
There must be valid reasons why you want a deviation from it, and then the authority will assess whether it can approve it at their discretion.
The development plan includes specific provisions regarding the residential units. If it were only about the building volume, only that would need to be mentioned.
Manuel01 schrieb:
Ultimately, the issue is that the volume of the building – a project with an underground garage and 6 or even just 4 residential units, which would require an exemption from the zoning plan restrictions – would remain the same if only 2 residential units were constructed. Considering this fact, that the external appearance of the building would not change, an exemption from the restrictions should be reasonable. However, the project will probably fail due to the authority’s discretion. [/] Thanks for your answers. I think this topic can be closed now. All the best!
Always keep friendly. The topic is dead because the original poster did not maintain friendliness by clarifying what the issue actually is. Whether someone wants to build four residential units a) where only four are permitted or b) where an exemption was granted for six units but now only four will be realized, is not a matter of discretion but a difference like early morning and late evening. It is a pity that some questioners prefer to be vague rather than enable those trying to help with well-founded answers. This borders on disregarding their (and here also my) friendliness.
Vrumfondel schrieb:
That is rather blunt – there is a zoning plan that clearly stipulates something mandatory different. There must be good reasons for requesting a deviation from it, and then it is examined whether the authority’s discretion approves it. Discretion applies in both cases, but exemptions only from zoning plans. Yet the original poster is already confused in the question about whether such a plan exists (or whether §34, similar to “no zoning plan”, would apply).
Vrumfondel schrieb:
The zoning plan explicitly includes provisions about the number of residential units. If it were only about the building volume, only that would have to be specified. Yes, that would not be a qualified zoning plan and would not require either a plan drawing or detailed textual provisions. “In the entire community area of Neu-Hintertupfing, a floor space index of xyz cubic meters per 100 square meters (about 1,076 square feet) of plot area applies as the upper limit of building use” is nowhere considered a sufficient regulatory framework.
However, it would probably be possible to provide a comprehensive and satisfactory answer if the original poster cooperated – even here in this free advisory forum. It is unfortunate when someone who does not really want that nevertheless starts a thread. A “can be closed” is no remedy; it remains trollish.
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