Approval procedure granted, is change possible afterwards?

  • Erstellt am 2020-12-13 08:45:45

Tolentino

2020-12-14 11:23:45
  • #1
It was like that for me, yes. Although the 12.5cm are not completely used up. About 4-5cm remain.
 

11ant

2020-12-14 11:36:52
  • #2
I have never heard that structural engineers calculate with 15 cm tolerances. I know very good architects who live in villages. And an architect is not bad just because the client has buddies who built with higher room heights and the client is now afraid of being considered the one with the least modern house among his buddies. That is nonsense.
 

opiman1981

2021-01-21 08:22:27
  • #3
11ant, that may be true that there are good ones, unfortunately I got the wrong one and now this has come out, see below:

I had my wishes that I definitely wanted to have realized, but according to the architect's statement, it was not possible. I reluctantly accepted it but was skeptical. The building application or exemption was submitted and approved. Since I couldn't let it go, I went for a consultation to another architect who said the 2 main points are indeed possible without any problems. That means my architect lied to me or didn’t want to change it and simply said it wasn't possible. I have now confronted him with this. He is unwilling to discuss and says any change after approval costs money and wants 1000 euros. I can prove that the 2 requirements I communicated to the architect he simply did not implement. And as a layman, I believed his statement "it's not possible."

Floor area ratio: 0.3
Plot ratio: 0.5
TH 4.5
FH 9.5

Point 1:
Storey height: He drew this with 2.635m (10.5 bricks) raw construction measurement and was supposed to draw 2.75m (11 bricks). With this height we would be exactly at TH 4.5, so within the scope of the development plan.

Point 2 Roof pitch
I wanted 35°, he drew 30° and said that 35° is not possible because of the number of storeys and the 75%
(I believed him) but now I have found out that there is no requirement for the number of storeys in this building area, only TH and FH and plot ratio. Therefore, the roof pitch of 35° is possible in my case.
With my floor plan (floor slab + ceiling) I would also be within the plot ratio of 0.5, so everything is possible.
The static calculations are already finished and he won’t do a single move without more money.
What is the legal situation here, since I pointed out the two points to him at the beginning, but he did not implement them and lied to me that it was not possible (but apparently it is) and I in good faith also signed the building application (exemption).

How should I proceed best? Time is running and that is the worst factor.
Since I do not trust the architect, I would prefer to have everything planned or corrected by the other architect, but apparently this is not so easy because there are probably copyright issues.
So far I have only paid for the static calculations, not the work of the architect, but he has also not sent an invoice yet.

(My 2 main points were possible and would also be within the scope of the development plan) He just didn’t do them and, for example, said about the storey height (you save half a brick cost) and about the roof pitch, requirement for the number of storeys.

Both are not true....
 

Hausbautraum20

2021-01-21 09:52:41
  • #4
Have you talked to your architect about your points of criticism and asked how he came to his statements? He must have some kind of justification. By the way: Our ceiling height will be 2.44m, just like all the other new stone buildings around us and like in the house of my parents and parents-in-law.
 

Tolentino

2021-01-21 09:59:51
  • #5
I lived for years in a rented apartment with a clear room height of 2.25cm and it didn’t harm me either. Although maybe that’s why I didn’t grow so tall? Ah no, it works differently.

Still, I can understand that when building your own new house, you want it to be as close to perfection as possible. Especially when you’re already so close to the next multiple of ten. It’s kind of a psychological thing, I think.

I can’t say anything certain about the legal situation, just my layman’s opinion that it would probably be difficult to enforce even if you are in the right and ultimately would get justice. You’d be arguing about it for months—if not years. So in case of doubt, that’s two changes at 1000 EUR each? You have to decide if it’s worth it to you. Just do it with him. You can still sue him later for unjustified payment. In the purpose of payment of the transfers, just write "unter Vorbehalt der Überzahlung".
 

Pinkiponk

2021-01-21 13:50:59
  • #6
I would also be interested in the justification. I am of the opinion that it also depends a little on one's own height whether one values higher ceilings or not. Apart from that, I do find higher ceilings quite pleasant. For me, it is like the often-mentioned "dead space," which I also like because it conveys spaciousness and openness and personally gives me a feeling of freedom of movement. :) My husband and I are paying about 10,000 euros more for 20cm higher ceilings on the ground floor and upper floor. We do not yet know to what extent it will affect the height of the windows and doors.
 

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