Area 34 - Green meadow, uncertainty regarding the eaves height or knee wall height

We have a plot of land (around 600 sqm, east-west, view of greenery on the first floor) and actually everything is great. Now we are starting the planning and of course the problems begin – currently a cause for concern for us is the building volume. We are both lawyers, but unfortunately haven't learned anything practical and are therefore currently puzzled regarding §34 of the Building Code in practice. We have a first indication from a friendly construction company, but we are not sure whether "more is possible," possibly with the involvement of an architect.

The plot is located in the second row below a development plan, where the buildings have no knee wall, only a low wall. This probably shouldn't matter for us in terms of §34 (especially since on the other side of the street in the development plan, two residential units would even be possible, but the city has already indicated that they do not see two residential units in our case).

Our plot has about 16 m width, even if we push the 3 m setback to go to a 10 m house width, we come across the problem of defining the surrounding buildings. The four houses immediately adjacent would probably be too few, can we consider ten houses further? Currently, we have already received some elevation data from the surveyor; two houses further would be the terrace house at 4.5 m and the detached house at 8.1 m, which, according to the indication of the construction company, leads to a very low knee wall of 60-80 cm with KfW40 timber frame construction. Although the roof pitch would not be a problem, we currently have serious concerns about such a low knee wall since our sons are already exceeding all percentiles upwards at a young age. If relevant, also a few pictures of the immediate surrounding buildings: the flat roof house and the new building that looks like (almost?) two residential units, but are already 6 and 14 houses further away, respectively.

What to do? Go to an architect (if yes, for which phases of service?) or is it worthwhile to reach out to the flat roof house or the new building to exchange ideas and possibly inquire about their experience with the city? Or should one call the city in such a case and ask for their opinion in advance (they have been very friendly and quick so far but also emphasize that it depends on the entire house and not just one value like the knee wall)?

The four houses immediately adjacent would probably be too few, can we go ten houses further?

The two-story flat-roof building is the 74? Far too far away. The two-story one with the gable roof, where is that located? I once learned from a surveyor in the forum that the houses directly next door count. This results in a homogeneous street section. “(1) Within the connected built-up areas of towns and villages, a project is permissible if it fits into the character of the nearer surroundings in terms of the type and extent of structural use, construction method, and the plot area to be built upon, and if access is secured. The requirements for healthy living and working conditions must be preserved; the townscape must not be impaired.” From a pragmatic point of view, quite a lot would be allowed in your case. You can hardly recognize any restrictive structure, except that these are probably residential buildings with one or two dwelling units. But an expert might see this quite differently. An architect from the region knows the building authority and knows how to deal with the office.

The 2-story flat roof building is the 74? Much too far away. Where is the two-story one with the gable roof located?

That is the 40, so four houses further. Because the property lies so much in the curve and below the development plan area, which we must not orient ourselves by (for example, 26.51 is still within the development plan), the number of immediate reference buildings is unfortunately not that high.

From a pragmatic point of view, quite a bit would be allowed for you. You can hardly identify any restrictive structure, except that they are probably residential houses with one or two residential units. But a professional might see it quite differently. A local architect knows the building authority and knows how to deal with the office.

In terms of the plot shape, yes, but all seem to have a low knee wall (except possibly the 40) and that worries us, since our plot is quite narrow and we can’t really go very high with 8.8 meters. If we had 1.20 or 1.40 m knee walls, we would feel much more comfortable.

Would a local architect then mean performance phases 1 & 2?

Hello to the neighboring district!

An architect from the region knows the building authority and knows how to deal with the authority.

That is also our experience. In addition, the building authority was quite glad that the building gap was closing and was very accommodating in the interpretation. There is no reason to be apprehensive.
Another option is to attend the public part of a building committee meeting once and make contact with one of the volunteers there who seems sympathetic. They also know the responsible building authority very well. However, it is probably summer break at the moment.

Local architect would then mean service phases 1&2?

No, that first means a consultation meeting.

Have the initial situation and the building and planning law options analyzed by an architect, also in consultation with the local building authorities. Anything else is not productive but rather encourages imaginative planning, which may soon fail due to building law and official realities.

The architect can also prepare a first conceptual study based on the existing spatial concept—your task—which he then coordinates with the building authorities to assess its fundamental feasibility. If necessary, a preliminary building inquiry must also be submitted. If there is open and constructive communication with the authorities, much is generally possible. However, communication and the concept must be convincing and on an "equal footing." Vague, imprecise inquiries to the building authorities will be sent back to you with the note ".... consult an architect."

Have the initial situation and the building and planning law action options analyzed by an architect, also in consultation with the local building authorities. Anything else is not effective but favors imaginative planning, which may soon fail due to building law and official reality. The architect can also prepare a first conceptual study for you based on the existing space concept—your task—which he then coordinates with the building authorities regarding principal feasibility. If necessary, a preliminary building inquiry must also be submitted. If open and constructive communication takes place with the authorities, much is usually possible. However, the communication and the concept must be convincing and on an "equal footing". Vague, imprecise inquiries to the building authorities will be passed back to you with the note ".... have yourself advised by an architect."

Thank you very much! We feared that. Section 34 of the Building Code is simply too broad and the way the local authority handles it varies greatly.