§34 Roof shape - try or change

Hello everyone!

Our construction project is currently somewhat up in the air. We are building with a provider using expanded clay in prefabricated construction and have meanwhile completed the contract including architectural planning – that is, signed it. Since our municipality – their own statement – no longer processes preliminary building inquiries and for our plot only a determination statute applies, which absolutely does not regulate anything regarding roof shapes, the nice employee from the building authority informed us that §34 applies here.

Now we have a free design in Bauhaus style – with ... logically ... a flat roof.
In the street where our plot is located – a very small village <180 inhabitants, Bavaria – there is currently 1x very modern wooden house with a "gable roof" (so flat that one can hardly still call it a gable roof), one classic Tuscan house with a hipped roof, and 2x gable roof houses.

So far, so good.
Statement from the building authority:
"From our side there is an OK – what the building committee says... that’s in the stars and cannot be assessed"
"If it were a gable roof it would simply be approved, but like this ... we do not want to give any assessment"

Statement from the district office:
"We follow the municipal consent – if you have that, we will promptly give the green light"
"If you don’t have it, there will definitely be a no"

Now the question for us is:
Do we submit the building application as is and wait to see what the building committee says?
Or do we redesign directly?

Redesigning would mean that EVERYTHING would have to change.
A gable roof absolutely does not fit the Bauhaus architecture......

We simply do not want to waste unnecessary time fighting for a building permit if in the end it would be a fight against windmills... – how would you assess the situation?

The legal situation is clearly clarified by the highest courts, but is still ignored by some government officials even today. The insertion requirement of §34 does not extend to the roof shape, as the roof shape in development plan areas can only be prescribed according to state building regulations in a design statute, not according to the Building Code. If a design statute is missing, the roof shape can be freely chosen.

So if there are only concerns about the roof shape, you can relax and submit.

With 180 inhabitants, take the short route and ask directly. Do not call, but go to the town hall with a plan or whatever you have.

We had similar concerns. But completely unfounded. Paragraph 34, no flat roof so far, rural municipality (although at least a district town). The flat roof was approved without problems. Inquiries always related to other points (terrain modeling on a slope). You don't want the Bauhaus style without reason, so give it a try.

Was there a result on this? I would be personally very interested!