ᐅ Practical Process for Purchasing a Plot of Land with Development Potential under Section 34 of the Building Code

Hello,

my wife and I have been searching for a suitable plot of land for well over two years. Now we have found something that could be a very good match. There is no local development plan here, so Section 34 of the Building Code applies. Currently, there is a bungalow from 1962 on the site.

I am interested in the best way to proceed—especially regarding the sequence of steps—to avoid making any mistakes.

I first inquired with the building authority whether we are allowed to build two full stories here, as anything less would be a deal-breaker for us. The key statements from the building authority were as follows:

“Two full stories are permitted regarding wall height. Alternatively, one full story plus a recessed upper floor or one full story plus a pitched roof as seen across or next door.”

“With two full stories, only flat or shallow shed roofs work; nothing more. An on-site inspection has already taken place.”

When I asked if I could attend an official building consultation to get an idea of what is actually allowed here and what is not, I received the following reply:

“Your best option is to hire an architect and have them advise you, as I cannot provide more information than what has already been mentioned. Since this falls under Section 34 of the Building Code, there are design possibilities that I cannot address in a public building consultation. That is the architect’s responsibility.
The basic parameters are: maximum 2 full stories overall, building depth adapted to neighboring buildings, 1 parking space per residential unit, open building pattern.
Once your architect has prepared a plan, my colleagues and I can check if it fits within the surrounding framework. Only then does a consultation appointment make sense.”

The general contractor I’m in contact with finds this procedure very unusual. How do other professionals here see it? I also don’t find it ideal, since such a general contractor won’t provide detailed planning that can be submitted to the building authority when it’s not even clear whether the land will be purchased. And I would only buy the land if I know I can at least roughly build what we envision there.

In this context, the question arises as to what the building authority means by “open building pattern” in connection with the two full stories, which apparently are possible?

How would you recommend proceeding here? The chances of buying the plot are good. Negotiations will continue in early January. But I will only sign at the notary if I know what is feasible on this site and what is not... I also understand any general contractor not wanting to deliver detailed planning (possibly including a geotechnical survey) when they don’t even know if construction will actually proceed or if they will be commissioned...

If you also find the building authority’s approach unusual, what would be the usual procedure?

Looking forward to your input...

Here, as so often, the issue is circular. In the long run, no one wants to invest work (or money or time) into something that ultimately won’t be paid for.

So someone will have to put money down. Unfortunately, that will be you.

Open construction is not the same as closed construction. So you probably can’t just go and cover the entire plot from one side to the other (closed construction).

The lot is wide enough. No problem at all. The open design concept does not refer to the building structure itself... that is sufficient for me.

You can also google that

From our experience with a planned construction project under Section 34, I can share the following. This section states that the project must “fit into the character of the surrounding area,” and that was exactly the case for us. We first created a sketch (on paper with pencil) and took it to the local building authority to get an informal verbal consultation on whether our plans were feasible. This way, you speak directly with the people who will eventually decide whether the project is approved or not. At that time, the responsible official told us that we needed to align with the frontage of the neighboring buildings, follow the specified building style, and ensure the eaves height did not exceed that of the surrounding houses. Fortunately, the style of the nearby houses matched ours. However, we also had some flexibility. Although only one full story (equivalent to a 1.5-story building) was supposed to be allowed, our calculations resulted in two full stories, and it was still approved.

In short: My recommendation is to discuss your plans with the relevant person at your local building authority. It’s free and will at least give you a rough idea of whether your ideas are achievable.

/Edit: Not the eaves height, but the ridge height.