Building Plot and Plot Division

Building Plot

If you want to purchase or develop a plot of land, you should first clarify whether and to what extent it can be built on and how it may be used, for example, whether residential or commercial use is permitted there.

The city or municipal administration where your property is located, or the responsible building supervisory authority, can inform you whether your property is in a development plan (§ 30 BauGB), in an inner area (§ 34 BauGB), or in an outer area (§ 35 BauGB).

While building rights are generally given for properties located within the scope of a development plan and within a district, properties in outer areas - with few exceptions - are to be kept free from development.

If your property is within the municipality's development plan, the city or municipality must connect it to roads and utility facilities before actual construction. This development includes the construction of roads, paths, squares, parking areas, noise barriers, or embankments, and similar structures.

Additionally, this includes the construction and maintenance of public water supply and sewage systems.

Property Value

Information about the property market and real estate values, as well as the necessary data for valuation, can be found on the website: The Expert Committee for Property Values in the Oberberg District

The Development Plan

The city or municipality adopts a development plan when and to the extent it deems necessary for urban planning. This plan can regulate future development, for example:

• Permissible or impermissible types of businesses

• Number of floors or maximum building heights in meters

• Building boundaries for the placement of structures on the property

• Locations for garages on the property

• Roof shapes or colors and materials for facade design

Your construction project is only permissible if it fully complies with the stipulations of the development plan.

There is also a prescribed procedure for the creation or amendment of development plans, in which citizens participate. The draft plan is made available for inspection at the city or municipality for a specified period. If you have suggestions regarding the draft, you can contribute them to the process. The council will later decide to what extent the suggestions from citizens and expert authorities will be followed.

The process concludes with the resolution to adopt the plan. Afterward, the development plan becomes legally binding.

The Inner Area

If a construction project is located within a connected built-up area for which the city or municipality has not established a development plan, it is referred to as the so-called inner area. Development possibilities are regulated in Section 34 of the German Building Code (BauGB).

Not every built-up area is considered an inner area under Section 34 BauGB. Many of the hamlets and small villages in the Oberbergischer Kreis are scattered settlements that belong to the outer area.

In the inner area, the existing surroundings determine the limits of your construction project. It is permissible if it aligns with the type and scale of use and the location of the building on the property within the surroundings.

Examples

• If there are two-story buildings, you can also build a two-story structure.

• If there are residential buildings, you can also construct a residential house.

• If front gardens are 3 to 5 meters wide, your house can also be built at a distance of 3 to 5 meters from the street.

It is not always easy to clearly recognize the framework provided by the surrounding buildings. Contact your advisors early on, who will gladly assist you with this.

The Outer Area

If the location of a property within the scope of a development plan or in the inner area conveys a fundamental building right, the outer area is subject to a general building prohibition.

The protected open space in the outer area is primarily intended to preserve nature and the landscape. Therefore, construction or changes in the use of a building are only possible in narrowly defined exceptional cases.

Thus, only projects that are absolutely location-dependent can be realized in the outer area, such as buildings for quarry operations as well as for agricultural and forestry businesses. Other projects for residential purposes, recreational activities, or commercial use cannot be approved in the outer area.

Exceptions exist for legally constructed residential buildings or commercial enterprises from the past, which can be cautiously expanded under certain conditions.

If you wish to modify or renew such a protected building, consult your architect and your advisors about the requirements. In such cases, it is recommended to submit a preliminary building inquiry to determine the fundamental feasibility of your project.

Subdivision of Property

If you wish to separate your building plot from one or more properties, a subdivision survey is required. The transfer of ownership in the land register is only possible after these results have been incorporated into the land registry.

If the property is already developed, you need a subdivision permit for a property subdivision.

Subdivision Permit

If you wish to subdivide a developed property, you need approval from the building authority. This permit is granted if the subdivision does not create conditions that violate the regulations of the Building Code for the State of North Rhine-Westphalia (BauO NRW) or supplementary regulations. For example, the required clearance areas must be observed.

The following documents are required to apply for a subdivision permit:

• Application for the issuance of a property subdivision permit

• Official site plan from a publicly appointed surveyor or the Office for Geoinformation and Land Registry