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

That is exactly my preferred level of humor dryness: the state building code from the time the development plan became legally binding applies. In the §34 area, this reference date practically does not exist. In this respect, the argument with a relaxation of these framework conditions is a very special insider joke for construction lawyers.

That's just how it is, lawyers have nothing else, so you have to laugh about something like that.
(The amendment of the state building code was part of my second state examination, that was really annoying)

What to do? Go to the architect (if yes, for which service phases?) or is it worth ringing the doorbell for something like this with the flat roof or the new build to exchange ideas and possibly inquire about their experience with the city? Or do you call the city for something like this 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 architect can also prepare an initial conceptual study for you based on the existing room concept – your task – which he then coordinates with the building authorities regarding principal feasibility.

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

Going to the architect is of course clear. Ringing the neighbor is also good. For the talk with the building department, a building preliminary inquiry is sufficient, and for that more or less a set square (i.e., not even necessarily a complete preliminary draft). : is Overath from Bad MüEi still within range?
The neighboring development plan may not be legally applicable here but, the younger it is, the better it serves as an indicator of the municipality’s planning intentions and which exemptions are promising (and for their argumentation). Don’t forget: involve a colleague, not just because of the subject area.

Local architect would then mean service phases 1 & 2?

The recommended scope of services would be (see house construction roadmap, well known path) classically service phases 1 to 8, module A is merely a sensible tranche (and as is known the one before the dough resting).

Additionally, we would like a knee wall of 140+ cm (or at least 120 cm) and the room layout for the 1st floor depends precisely on this issue. The construction company initially set 80 cm (actually only 60 cm if the room height downstairs is 270 cm) since those seem unproblematic. But here I would be willing to fight for every centimeter.

Well then everything is clear. 250 are more than enough, so you can redistribute 20 cm upwards right away.

Going to the architect, sure. Ringing the neighbor’s doorbell is also good. For the conversation with the building authority, a building pre-application is enough, and for this more or less a set square (so not even necessarily a complete preliminary draft).

We are also tending more and more to submit one. Today going to ask the neighbor.

: is Overath from Bad MüEi still within the range?

What do you mean by that?

The neighboring development plan may legally not apply here, but the younger it is, the better it serves as an indicator of where the municipality’s planning intent is heading and which exemptions are promising (and for their argumentation).

From 1979

Don’t forget: involve a colleague, not just because of the subject area.

Oh no, if I bring in a construction lawyer now, I poison the atmosphere early on and everything takes forever ;). It’s already enough that the authority knows I am a lawyer, I would rather have avoided that.

The recommended scope of services would be (see house-building roadmap, path known) already classically phases 1 to 8, module A is merely a reasonable tranche (and as known the one before the dough resting).

Hmm, I actually didn’t think an architect was really necessary for a simple single-family house. 1-4 or rather 1-2 would already be more than initially thought...

Well, then everything is clear. 250 is more than enough, so you can already reallocate 20 cm upwards.

We would like 260 in the ground floor and upper floor, we have that in the current apartment and like it.

What do you mean by that?

Just because he is not active throughout NRW.

Mh, I actually didn’t consider architects really necessary for a simple single-family house. 1-4 or rather 1-2 would already be more than initially thought...

A 34 area is not easier than a hillside location. You always need Module A, even as a normal family with a normal plot. Service phases 1 to 4 is a dangerous scope of mandate, secondly because it does not include service phase 5, and firstly because you easily get “warned by ” architects (floor plan artists with a budget discipline near zero). A freelance architect is necessary precisely because you can literally only expect “necessary architectural services” from general contractor inclusive architects.

We would like 260 on the ground floor and upper floor, we have that in the current apartment and like it.

I have been used to 250 for ages, but I also walk under ceiling lights. When I built, 230 was enough for me (okay in BW, other federal states usually require more). My godfather lives in 230 and that is as much lower as he is taller, and never walks around the house with his head pulled in. Le Corbusier actually found 226 correct, even ergonomically justified.

Without meaning to offend you: our preferences are not up for debate ;) my parents' generation also lives in houses with lower ceilings, but that's probably not how houses are built today

But the note that fashions are not laws, let alone laws of nature, and that one may actually stand in one's own way when reaching the overall goal by stubbornly but mistakenly holding on to a partial goal, is still allowed. And between Berlin Art Nouveau old building and crawl space there are also some shades of gray.