Territorial character
Territorial character is a term from German building and planning law.
In the case of building potential in the unplanned interior area according to Section 34 Paragraph 2 of the Building Code (BauGB), “the specific character of the specific building area resulting from the local conditions must be taken into account”.
According to the case law of the Federal Administrative Court (BVerwG), neighbors can appeal against a building from regulations on the type of structural use in order to maintain the character of the area, regardless of whether they are (otherwise) actually impaired by the building.
A detailed restriction of the character of the area, such as a single-family house area, is reserved for the planning community and cannot result from the actual development in the sense of § 34 BauGB.
The character of the area (§ 34 BauGB) is based on the development of the area. The character of the area can be shaped by various features. According to Section 34, it is the type and extent of structural use , the construction method and the property areas that are to be built over. The requirement to insert in the immediate vicinity, the so-called insertion frame, applies here to projects. That is to be drawn larger for the type of use than for the level of use.
Design features of the neighboring buildings such as roof shapes and facade design , which could also be specified in the development plan , are not regulated according to § 34 BauGB (this is often attempted in practice by the planning authorities, but is generally not permitted).
The type of structural use must be assessed according to the uses available in the immediate vicinity, unless the area can be assigned to one of the areas described in the BauNVO (e.g. general residential area WA) according to its characteristics . Then the corresponding paragraph of the BauNVO applies directly to the admissibility. This only applies to the type of structural use.
The degree of structural use relates to the heights of the buildings, the cubature and the density of the land use (floor area and built-up land area).
The construction method regulates whether construction must be carried out with a spaced area or whether buildings are to be erected borderline.
The land areas that are to be built on describe the buildable areas, here the distance to the public road traffic area is usually the criterion.
If a building area is inhomogeneous, then a great deal of flexibility is possible. If, however, use in an area is an outlier in terms of the criteria described, it is atypical and can only shape and thus justify a corresponding permissibility for other properties if, for example, it dominates the surrounding area due to its size.
The character of the area is important for the permissibility of structural use according to the Building Use Ordinance (BauNVO). For example, also with the admissibility of exceptions. Section 4 (3) BauNVO allows certain exceptions to purely residential use in general residential areas. Whether, for example, a Deutsche Post delivery point is permitted as a "facility for administrations" (Section 4 (3) No. 3 BauNVO) in a general residential area depends on whether this special use is compatible with the character of the area as a general residential area . This is not the case in the example because of the endangerment of the area-specific need for rest from traffic.
The character of the area is also taken into account in the intervention regulation in Germany .
Individual evidence
- ↑ BVerwG : Decision of December 16, 2008, file number 4 B 68.08 , BeckRS 2009, 30192 Rn. 4, beck-online.
- ↑ BVerwG: Decision of March 1, 2010, file number 4 B 7.10 , BeckRS 2010, 47276 Rn. 6, beck-online, quote "Regulations on the type of structural use granted the neighbor a right of defense in the form of a claim to preservation of the area, regardless of actual impairments".
- ^ OVG Lüneburg : Decision of May 28, 2014, file number 1 ME 47/14 , paragraph 11.
- ↑ BVerwG: judgment of March 21, 2002, file number 4 C 1.02 , NVwZ 2002, 1118, beck-online.
