Building Plot and Plot Division

Building Plot

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

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

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

If your property is in the municipality's development plan, the city/municipality must connect it to roads and utility systems before actual construction. This development refers to the creation of roads, paths, squares, parking areas, noise protection walls, or noise protection embankments, and similar structures.

In addition, this includes the construction and maintenance of public water supply and wastewater 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 Property Valuation Committee in the Oberbergischer Kreis

The Development Plan

The city or municipality adopts a development plan if and to the extent it deems it necessary for urban planning purposes. For example, it can regulate future development by specifying:

• permissible or impermissible types of commercial operations

• number of floors or maximum building heights in meters

• building boundaries for the placement of the structure on the property

• location of garages on the property

• roof shapes, colors, and materials for facade design

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

There is also a prescribed procedure for the preparation or amendment of development plans, in which citizens are involved. The draft plan is made available for public inspection at the city or municipality for a specific period. If property owners have suggestions regarding the draft, they can contribute them to the process. The council later decides to what extent the suggestions of citizens and specialized authorities will be considered.

The procedure concludes with the adoption resolution. Afterward, the development plan becomes legally binding.

The Inner Area

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

Not every built-up area is an inner area within the meaning of § 34 BauGB. Many of the hamlets and 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 the construction project. It is permissible if it aligns with the type and scale of building use and the location of the building on the property in relation to its surroundings.

Examples

• If there are two-story buildings, a two-story building can also be constructed.

• If there are residential buildings, a residential house can also be built.

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

It is not always easy to clearly identify the framework resulting from the surrounding buildings. Contact your points of contact early on, who will be happy to advise you on this.

The Outer Area

The outer area indicates the location of a property within the scope of a development plan or within the inner area, which fundamentally grants a construction right. In the outer area, however, there is a general building ban.

The protected open space in the outer area is primarily intended to preserve nature and the landscape. Therefore, construction or a change in the use of a building is only possible in very limited special cases.

In the outer area, only strictly site-bound projects can be realized, such as buildings for quarry operations or agricultural and forestry enterprises. Other projects for residential purposes, recreational activities, or commercial use cannot be approved in the outer area.

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

If you wish to modify or renew such a legally protected building, consult your architect and points of contact regarding the requirements. In these cases, it is advisable to use a preliminary building inquiry to have the fundamental approvability of your project examined.

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