Question juridique clé
Whether a conversion of a nonconforming building that creates a new violation may still be authorized under § 69(1) BauG.
Solution extraite
Yes. Authorization is possible when, assessed overall, the project clearly moves the building closer to compliance and the illegality is not materially intensified.
Motifs extraits
The purpose of the building law is to bring protected existing buildings closer to the lawful standard whenever possible. If the owner voluntarily plans an approach to the regular building regime, this should be supported even where a new but less serious illegality is created. The decisive factor is an overall weighing of all relevant criteria; here the total deviation was reduced significantly.