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USEFUL INFORMATION ON THE DEVELOPMENT PLAN
Municipalities draw up the development plan in compliance with the regulations of the German Building Code and the state building regulations, on the basis of the land-use plan. While the land-use plan always covers the entire municipal area, the development plan only relates to sub-areas. Its scope is precisely delimited from other development plans.
WHAT DOES THE DEVELOPMENT PLAN CONTAIN?
In the development plan, the municipality sets out all requirements for building in a part of its area. These include:
- The maximum height of the house
- The maximum number of storeys of the house
- The building density of the plot
- The shape of the roof
- The type / use of the development (commercial or residential area)
- The materials to be used
- The design of the façade
- The distances to the neighbouring plot
- The design of green spaces, parking spaces etc.
THE DIFFERENCES BETWEEN A QUALIFIED, SIMPLE AND PROJECT-RELATED DEVELOPMENT PLAN
The development plan always consists of two parts. Part A contains drawn plans and Part B contains the text descriptions. In its details, the plan follows the Land Use Ordinance (Baunutzungsverordnung) and the Planning Symbols Ordinance (Planzeichenverordnung). Anyone may inspect it, but it is not necessarily easy to understand. In some municipalities it is available online; elsewhere you have to go to the municipality's urban planning office or building control office.
- It is a qualified development plan if it is detailed and contains important information on the use of the development, the built-up areas of the plots, the dimensions of the structural use and the public traffic areas.
- If one of the above details is missing from the plan, it is called a simple development plan. But even missing regulations do not entitle anyone to arbitrary building work, because Section 34 of the Building Code must never be disregarded. It stipulates that new buildings must always fit in with the existing built environment. In individual cases this can mean – even if it is not explicitly mentioned in the plan –
- that the façade of a new building must be adapted to the façade design of the existing buildings.
- The project-related development plan is initiated by a party interested in a plot, such as a developer, and then worked out together with the municipality. It, too, must take its cue from the development of the adjacent areas and fit into the overall picture. As a rule, the developer concludes an implementation contract with the municipality at the same time, which sets a time frame for carrying out the building projects.
IS A DEVELOPMENT PLAN A HELP OR A HINDRANCE?
The more detailed the plan, the more requirements must be observed for a new building. As a rule, the regulations have a positive effect for the builder. If, for example, the plan limits buildings to two full storeys, he can be sure that no high-rise will be built in his neighbourhood that blocks his view and reduces the value of his plot.
The requirements can become annoying for the individual if, when building a house, not only the roof shape but also the type and colour of roof tiles are specified. To avoid nasty surprises, every builder should therefore definitely inspect the existing development plan before buying a plot or a house.
IS THE DEVELOPMENT PLAN BINDING AND WHAT ARE THE PENALTIES FOR NON-COMPLIANCE?
The question of whether you have to comply with the development plan can be answered with a clear yes. Anyone who defies the requirements of the plan must not only expect considerable fines. Depending on the severity of the deviation, the building control authority can impose a building freeze or demand demolition. Disregarding the plan does not become time-barred. This means that even if the building control authority did not notice the violation while the building was being erected, the builder is not safe from sanctions even years later.
WHO IS RESPONSIBLE FOR COMPLIANCE WITH THE DEVELOPMENT PLAN?
Only those who acquire a plot and house from a developer do not have to worry about complying with the plan, because in this case the developer is the builder and bears the responsibility. However, anyone who builds with an architect or buys a plot and then engages a provider of turnkey houses is the builder himself and responsible for ensuring that the partners comply with the regulations.
ARE EXCEPTIONS POSSIBLE?
Exceptions can, but need not, be provided for in the development plan. If exceptions are permitted, the deviations must nevertheless be checked and approved by the building authority. Only if no disputes with neighbours are to be expected and the character of the area is preserved is there a chance that the municipality will agree to a deviation from the plan.
The conditions under which an exemption from the stipulations of the development plan is possible are set out in Section 31 of the Building Code: if reasons of the common good require the exemption, or if the exemption is justifiable in terms of urban planning, or if implementing the plan would lead to obviously unintended hardship.
However, even with an exemption, the basic features of the planning must be respected.
CAN YOU BUILD WITHOUT A DEVELOPMENT PLAN?
Even though municipalities are obliged to draw up a development plan when extending their new building areas, there may be plots for which no plan exists. However, this does not release the builder from the obligation to comply with the requirements of Section 34 of the Building Code. It states that both the use of the plot and the type of development must be adapted to the conditions in the neighbourhood.
As the municipality can reject a building project even for plots without a development plan, it is advisable, especially in this case, to submit a preliminary building enquiry before buying the plot. A building description, building drawings and calculations are required for the preliminary enquiry. It is therefore subject to fees of varying amounts; as a rule, one thousandth of the total building costs is due. An informal building enquiry costs less, but has the disadvantage that it is not legally binding.