Insertion requirement
Section 34 of the Building Code is the authoritative, nationwide provision in Germany for construction projects in unplanned interior areas , i.e. outside of development plan areas . The most important principle of this provision is the insertion requirement .
If the fundamental determination is made that building rights exist and the development (transport connection, water, sewage, energy) is secured, the building authority checks whether the building project fits into the surrounding area within the meaning of § 34 BauGB. The facts to be examined are not entirely clear to most laypeople and often also to many architects. The terms "nearer surroundings" and "insert" are not clearly defined and can only be narrowed down with the help of the extensive comments .
The law does not go into the term “nearer surroundings”; the “insertion” is limited to at least four parameters, namely the type of use (residential, commercial, etc.), the degree of use ( cubature , building heights), the type of construction ( open or closed ) and the built-up area .
The closer environment as a framework for the type of use does not apply to these four parameters if the area in which the building project takes place can be clearly assigned to an area type according to the Building Utilization Ordinance (BauNVO). In this case, the type of use is assessed solely according to the BauNVO. According to this, use may be permitted that has not yet occurred in the immediate vicinity. It must be emphasized, however, that this regulation only relates to the type of use, not to the other parameters. Their admissibility, in particular that of the extent of use and the area that can be built over, is always assessed according to the immediate vicinity. However, depending on the development in the area, lower or higher values may apply as upper limits.
The more uniformly an existing area is structured, the easier it is to assess a new project. However, the more diverse the designs and uses, the more difficult it is to determine a frame. As a rule, a new building cannot relate to so-called outliers , for example to individual building heights that protrude beyond the section or individual uses that fall out. In the case of construction heights, it is not the number of floors that is decisive , but the absolute building height ( eaves and ridge height ). In the case of buildable areas, the size is not based on the number of floor areas in the area, but on the actual building area, regardless of the size of the property. This is usually accompanied by compliance with the existing building alignments. Since these are less determinable in the rear area, the deepest existing development is taken as the rear building limit, if there are no outliers. However, a distinction must be made between main uses and secondary uses. The term "construction method" means open or closed development, as defined in § 22 BauNVO. In the case of open development, it is a question of buildings with lateral border spacing as single, semi-detached houses or groups of houses; the total length of a building, semi-detached house or a group of houses must not exceed 50 m. With the closed construction method, buildings are built without lateral boundary spacing, as is the case with inner-city perimeter block development.
Web links
- Section 34 of the Building Code
