A plot outside the contiguous built-up area is being offered with the remains of a burned-down house. The price assumes that you can erect a residential building there again. A photograph of the former building and the statement that someone lived there previously are not sufficient for this purchase assumption. You need the documented connection of a previously permissible building, its destruction and your present project.
Reconstruct the legal starting point
Our editorial recommendation: Gather the existing approval documents together with the associated plans and the documented use. Record which buildings or parts of buildings are covered. A picture shows a former appearance, but by itself does not confirm its legal permissibility or the scope of use later desired.
Have the existing documents professionally assessed for the exact plot situation and the outer-area framework. If an essential basis is missing, obtaining it belongs before any price decision based on reconstruction. A sales presentation does not silently become a substitute for a missing decision.
Clarify the event and the timeline
Order the available documents on the fire, the extent of the destruction reached and the subsequent course chronologically. Which parts were affected, which authority proceedings took place afterwards and what was applied for or carried out in the meantime? Different accounts remain visible side by side until they are clarified.
§ 35 Absatz 4 Satz 1 Nummer 3 BauGB names the prompt re-erection of a building lawfully erected, destroyed by fire, natural events or other extraordinary events, of the same kind on the same site. [WIEDERERRICHTUNG] The temporal requirement is therefore not replaced by the mere intention to replan at some point after acquisition. This provision does not set a general month or year limit.
Place the house you really want alongside
Describe the location, use and form of the planned replacement building on the basis of suitable planning. Do you want to rebuild in the same location or move the site significantly? Is your desired building comparable at all with the previous one? Such questions are examined concretely and are not hidden under the word reconstruction.
The provision also allows for minor extensions and minor site deviations for the designated replacement cases. [WIEDERERRICHTUNG] This does not imply an additional size you may freely determine. Have the scope explained for your design. An initially discussed narrow variant is not automatically the legal basis for a later enlarged plan.
Do not confuse the special rule with a finished permission
Paragraph 4 limits certain objections from public concerns for the projects mentioned there and requires further compatibility with the outer-area; paragraph 2 also deals with secure access. [WIEDERERRICHTUNG] Therefore the purchase review does not end with finding the matching number 3.
Combine the planning-law clarification with the other checks required for the plot. The competent authority and suitable professional advice must assess the scope actually applied for. This article neither predicts a permission outcome nor replaces the procedures under the respective applicable state law.
Check the offered remains and the economic task
Have the existing condition recorded with an appropriate professional assignment. What of the remains can be assessed for the planned project and which investigations are required is determined by the appropriate specialist. A visible wall is not here assessed as safely reusable or as necessarily to be removed.
Include confirmed works, still unresolved dismantling and the actual reconstruction in your personal purchase calculation. An old insurance payment or a previous cost estimate is not a financing of your new project confirmed by this article. Material outstanding costs remain recognisable as such.
Fictional case: Unnoticed, reconstruction becomes a different project
An interested buyer sees photos of the former small house. Her own design is further back on the plot and contains significantly different areas. She wants to complete the purchase quickly at first and only clarify afterwards whether the special replacement building rule helps.
Before committing, she instead presents the old documents, the sequence of events and her real design together. She has the legal basis for exactly this variant examined and records open conditions for purchase advice and financing. The previous building state serves as the starting point of the examination, not as a blanket available promise of new construction.