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

I would just call the building authority and ask. Tell them what you want and ask if it is feasible. We did it that way and it worked out well.

I would just call the building authority and ask. Tell them what you want and ask if it’s feasible. We did it that way and it worked out well.

We have already had contact there. Everything was nice and friendly, but when it came to questions about the knee wall, they were more than evasive, as they basically want to see the entire plan first – but the plan depends on that in the first place.

The 34ver does not say that a knee wall of 0 is required. As a lawyer, one also looks for the gaps in the law.

Is there a statute of the municipality?

How about a very streamlined preliminary building inquiry on this topic? Then there can be no more evasive answers. And it goes relatively quickly.

Some images show the slope of the property. A house with a flat roof and 2 floors (presumably a slight stepped floor) show that not even a gable roof has to be mandatory. There are certainly options. That the building authority likes to see the entire building, I can confirm.

What is your desired house? You already have a proposal from the contractor.

Hello,

regarding §34:

Type of structural use:
It is obviously a residential area (possibly mixed-use area) and you are building a residential house. Thus, the criterion is met.

Extent of structural use:
The new building must fit in terms of scale. Therefore, it may only have comparable dimensions to those characteristic of the immediate surroundings. The immediate surroundings are NOT just the adjacent buildings. Roughly, everything in direct line of sight can be considered relevant (e.g. buildings across the street). Relevant dimensions are those perceivable from the outside and thus obvious, such as the length, width, and height of the building. For gable roofs, both the eaves height and the ridge height are relevant. Indirectly, the number of floors is also a measure of structural use.
Often forgotten in connection with the extent of structural use is the ratio between built-up area and free plot area. This is basically limited upwards and can be further restricted by the surroundings. The position on the plot is also part of the extent of structural use (e.g. in the case of obvious building lines). The roof shape is not part of the extent of structural use.

The local appearance must not be impaired:
This is a matter of interpretation by the authority. Significant deviations can therefore be regulated, but in practice are usually not relevant unless you are building a neon-colored building.

What can actually be built depends strongly on the exact plot number of your property. If your property is at the marked position of your map excerpt, I would agree with the city and only see a single-storey building there. In NRW, the 2/3 rule applies for full floors; a clever architect with good connections to the building authority might possibly be able to enforce a recessed floor with a flat roof building. On a slope, there is also the possibility to plan a basement with one-sided garden access.

I would no longer consider the house with a flat roof and recessed floor as the immediate surroundings. The house behind the caravan, on the other hand, probably still is.

Best regards