Vacant lot, large property, space in the yard. There are many areas that can still be built on. However, as obvious as a project may seem, the problem often lies in the details.
Land is in short supply in metropolitan areas, which is why areas that have already been built are used more. Not only for investors, but also for private builders, adding, tearing down and building new as well as additional development of the property can be attractive. But how can you create additional living space?
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Creating additional living space – what does that actually mean?
However, building law sets limits to such redensification. “Even private owners often have numerous opportunities to get more out of their property,” says lawyer Martin Voigtmann from the Construction and Real Estate Law Working Group in the German Lawyers’ Association (DAV). Creating additional living space doesn’t just mean developing fallow land. It also aims to optimize properties that are already in use.
“The admissibility of the building project often depends on the specific conditions on site,” says David Reichert from the Federal Ministry of the Interior. “The decisive factor is, for example, which stipulations the development plan provides, which structural uses are available in the vicinity and which specific project is to be implemented.”
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Zoning plan is important
In areas where there is a development plan, its specifications are decisive in order to create additional living space. The development plan contains, for example, stipulations on the type and extent of the structural use, the land areas that can be built over, the construction method, areas for traffic and other questions.
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“Some plans stipulate that only residential development should be permitted, for example, others also determine the number of floors,” says lawyer Joachim Kloos. He is also active in the construction and real estate law working group in the German Bar Association.
If the plan does not provide an answer to a question that needs to be regulated, the Building Use Ordinance applies in this regard. But even if there is no development plan, a building project must still not contradict the existing development.
Exemption can be applied for
The realization that plans to create additional living space and the requirements of the development plan differ from one another does not mean the end of the client’s plans. “The property owner should then consider applying for an exception or exemption,” advises Voigtmann.
If there is an exception in the plan, then the planner has thought of appropriate special solutions. “Such an exception is usually approved with appropriate justification,” says Kloos.
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Pay attention to the guidelines of the community
In traditional municipalities or holiday resorts, the building owner can get in the way of municipal statutes in addition to the development plan. “With urban design and maintenance statutes, municipalities can influence the local appearance or preserve a certain cityscape,” explains Kloos. Some municipalities prescribed certain roof shapes or traditional facade designs. “But you can also get rid of that,” says the specialist lawyer for administrative law.
In addition to building regulations, regulations that protect nature and monuments often have to be observed when creating additional living space. “With the redensification construction activity in existing quarters, we try to protect valuable trees”, says Cornelius Mager, head of the local building commission of the city of Munich. Monument protection also plays a major role.
Only create additional living space once you have informed yourself
Lawyer Kloos advises builders who want to tackle a project to check all valid maintenance and design statutes on the municipality’s website before having concrete designs made. With an application for planning law information, you can get an insight into the land use and development plan at the responsible building authority.
Anyone who would like binding information as to whether a certain project is possible should obtain a preliminary building permit for the creation of additional living space. However, this does not yet allow you to start building. However, the authority provides binding information on whether details such as a certain use, type or size are permissible.
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