Buildability of land

Preliminary building application

In the case of building projects which are difficult to assess or which are not within the scope of a development plan, or if you wish to have legal certainty, it is advisable to submit a preliminary building inquiry in accordance with Section 73 of the Lower Saxony Building Code (NBauO). You can also make this request before you purchase a property.

The preliminary building application should contain the following information:

• use in accordance with section 73 of the Lower Saxony Building Regulations (NBauO)
• exact designation of the building plot; site plan or excerpt from the real estate cadastre
• Location of the building project on the plot
• Brief description of the project

The more precise the information, the more precise the preliminary building permit can be. Anyone can submit a preliminary building application; it is not necessary to use a design consultant. The preliminary building permit is subject to a fee.

Land division

A division of land is when a part of land is to be written off in the land register and registered as an independent plot of land or as a plot of land together with other plots of land and, if necessary, built on. The division of land is not subject to approval. However, no conditions contrary to building law may be created as a result of land divisions. These can be pursued by the building supervisory authority on the basis of paragraph 79 of the Lower Saxony building code. Therefore, before a property is divided, the following regulations in particular should be observed and checked:

• Can the required boundary distance regulations be observed? Boundary distance regulations in accordance with the following paragraphs 5 of the Lower Saxony Building Code.

• Are the applicable fire protection regulations complied with? Accessibility for fire and rescue vehicles in accordance with paragraph 4(3) of the Lower Saxony Building Code

• Is it ensured that the future building is only located on one building plot and not on several? Building must not be located on different plots of land according to section 4 paragraph 4 Lower Saxony Building Code

• Is the planned building located in such a way that accessibility is ensured? Accessibility of the property in accordance with Paragraph 4 of the Lower Saxony Building Code, drainage of the property must be possible.

Furthermore, it must be ensured that the extent of building use is not exceeded on the plots of land to be newly formed, i.e. the base area figure and floor area figure must be complied with on each plot of land. In areas without a development plan, the extent of building use must not exceed the extent of building use of the properties in the immediate vicinity.

Before acquiring a plot of land, it should be determined whether there is a public-law obligation (known as a "Baulast") on the plot of land in question.