ᐅ Assessing the development plan and potential amendment proposals

Hello,

first of all, thank you very much for this great forum. I have already absorbed a lot of information.

We have reserved a plot of land that, unless something goes wrong, we plan to purchase this month.

We still have a few questions regarding the development plan. It dates back to 1970. The plot is located in Baden-Württemberg.

We have an appointment next week at the local building authority and want to prepare ourselves. Our preference is a two-story flat roof, which we also intend to propose, but I think this might be difficult given the development plan.

However, we are not completely opposed to alternatives (such as a shallow pitched roof).

Beforehand, we want to find out if there are any current prohibitions or restrictions in the development plan.

According to the plan, only one story is allowed (I assume this also includes one-and-a-half stories, as the current house is one-and-a-half stories). A knee wall height of 50cm (20 inches) is specified. I would like to ask whether a higher knee wall (> 1.50m (5 feet)) could be permitted.

Are there any other aspects that might appear outdated or challenging to implement at first glance? Building height should be okay, I think.

Otherwise, I would request a higher knee wall combined with a lower roof pitch.

The plot is number (9) on the plan.

Thank you very much in advance.

What do you mean by today's no-gos? Just because a zoning plan is old and the specifications in it are no longer modern, that doesn’t mean they are no longer valid. Definitely clarify beforehand (which you plan to do) what exceptions to the zoning plan are allowed, and make sure to get this in writing.

cmue_ schrieb:
Are there already any current no-goes in the development plan?

Give me an example. I don’t quite understand the point of your question. A single-story house with a pitched roof is still common today. Otherwise, I don’t see any restrictions that would prevent modern construction.

cmue_ schrieb:
I think that also includes 1.5 stories

There is no such thing as half stories in building regulations. The distinction is only made between full stories and non-full stories. The definition can be found in the state building code that was valid at the time the development plan was published.

cmue_ schrieb:
Here I would ask whether a higher knee wall (> 1.50m (5 feet)) could be allowed.

Asking never hurts. Do you have a justification for this? The underlying federal building law from 1960 allows exemptions according to
§ 31 Exceptions and Exemptions
...
(2) Furthermore, the building permit authority may, in agreement with the municipality and with approval from the higher administrative authority, grant an exemption if enforcing the development plan as such would result in an evidently unintended hardship in the individual case, and if the deviation is also compatible with public interests considering neighbors’ concerns, or if reasons of public welfare necessitate the exemption.
Do a site survey comparing existing buildings with the development plan and note all buildings that clearly differ from the plan. The fewer cases you find, the stronger your justification will have to be. The same applies to

cmue_ schrieb:
lower roof pitch

Our development plan is also "outdated." The limit on wall height does not allow for two floors of 2.6 m (8.5 ft) each or more, considering the current floor constructions required for underfloor heating.

Although the newer development plan for the parallel street (!) already permits 30 cm (12 inches) more height than ours, we were barely able to get approval for about half of that. They did not want to allow us to reduce the roof pitch.

Negotiations are possible, but they need to be carefully considered.

Thank you all for your answers. They have been very helpful.

I will work on the justification over the weekend then :-)

Thanks again!