Application for exemption from full storey requirement

We are building a semi-detached house attached to an already existing semi-detached house.

The other semi-detached house to which we are attaching has been there for 17 years.

This is not a new development; we will be filling a gap in the building line.

Problem:
The dimensions of our future neighboring house have nothing to do with the building plans. Our neighbor has a roof pitch of 45° according to the building plan, but he actually built it with a 40° roof pitch. In addition, the house was built 12 cm lower.

Because our neighbor did not adhere to the building plan, the neighboring house on the upper floor meets the full-storey requirement (full-storey = more than 75% of the living area is on the ground floor).

We want to (of course) match the neighboring house; however, the building authority rejects the full-storey status for our upper floor.

Our basement has the same height as our neighbor’s, so the floor slab was matched. However, the ground floor is being built higher, so we cannot prove full-storey status on the upper floor. This, of course, costs us a considerable amount of living space on the upper floor.

Because we do not want to give up this living space (second child planned), we want to do everything possible to obtain an exemption from the full-storey requirement from the building authority.
So far, the building authority remains stubborn.

For us, it is on the one hand incomprehensible that a house was built correspondingly larger 17 years ago. At this point, the building authority apparently dropped the ball or inadequately controlled.

On the other hand, it is also incomprehensible to us why we are then refused to match the neighboring house. From the outside, this would not be visible and would not bother anyone.

Since this is not a development area and we are filling the only remaining building gap, the matter seems even more unbelievable to us.

Maybe someone knows of precedents or similar cases that provide arguments to carry out our building project as planned.

Thank you very much in advance.

Seems almost to be a classic:

Who asks, loses!

Suppose you built like the neighbors and it turns out you were not allowed to ...

What are the consequences? If you proceeded without formal applications, an administrative offense ...

If you already had it in black and white, then it could lead to a demolition obligation.

Those are at least my experiences with it.

Is this administrative offense not already time-barred?

Good day,

We are building a semi-detached house attached to an already existing semi-detached house ...

I confess, I do not understand your condition description; maybe not yet ...

[*]By building plan you surely mean the development plan?
[*]How do you _exactly_ know that the neighbor is currently not complying with the provisions of the development plan? A reduction of the DN by 5° can certainly compensate for an extended depth of 12 cm.
[*]Is there a cross-section to the neighboring semi-detached house?
[*]Who is currently taking care of preparing the building application, speaking with the staff at the building planning office?

Rhenish greetings

I mean the house construction plan. The neighbor did not adhere to the construction plan of his house. Our architect or rather the surveyor has identified these significant deviations. Original quote from our architect: "The dimensions of the neighbor's house have nothing to do with the submitted construction plan."

Our architect takes care of preparations / applications, although he is rather a passive type. It seems as if he wants to accept the matter from the building authority without fighting.

Original quote from our architect: "The dimensions of the neighboring house have nothing to do with the current building plan."

So was a measurement created?

Our architect takes care of preparations / applications, but he is rather a passive type. It seems as if he wants to have the matter accepted by the building authority without fighting.

Not necessarily... It may be that the neighboring building now enjoys protection under the existing rights – whether the owner has paid a fine or not is secondary. More important for your construction project is that the development plan is still valid and you have to comply with it with your building measure. You do not automatically acquire the same rights just because your neighbor has interpreted the development plan arbitrarily. That your architect refrains from acting against the valid development plan is initially sensible. It costs around 2 years plus x and quite a lot of money with an uncertain outcome; you leave open whether you are willing to pursue this path at all. If there is indeed a measurement of the neighboring semi-detached house, you can – better yet your architect – try to have a new discussion with the employees of the building authority based on the approvable section; even better a site appointment. Because if you have to build exactly as the development plan requires and thus deviating from the existing condition, the full stories are your least problem. Rhenish regards