Assessment of building regulations

Hello!

We want to build on a rear property and are faced with building regulations that greatly limit the design of the house.
I received the regulations verbally and in writing by email from the local building authority. The verbal statement was made with the addition that I cannot read these regulations anywhere but can only receive them verbally from the employee.

I received the following by email, whereby the first part refers to the front part of the property. We want to build behind the permitted building depth of 20m:

The above-mentioned property is located, according to the designations of the land use plan in the version of 28.12.1960, which still applies here in connection with the urban development regulations of the Berlin Building Code (Building Code Bln) of 1958, the development plan XIV-A of 1971, and the formally established (f. f.) street and building setback lines as a transferred (qualified) development plan, in the "general residential area" according to § 7 No. 8 Building Code Bln 1958.
The extent of use is Building Stage II/2
Floor area ratio (FAR): 0.2
Floor space index (FSI): 0.4
Number of full floors: 2
The building depth is 20.0 m, calculated from the f. f. building setback line. The open construction method applies. A 6.0 m deep front garden area measured from the f. f. street alignment line must be kept free of construction.

Behind the 20 m building depth, construction is exceptionally permitted under the following rear area regulations.

Rear area regulations:
· Only for residential use
· Detached house, single-story with developed attic for residential purposes (when applying the Building Use Ordinance 68, habitable rooms in the attic are counted towards the floor area)
· Distance from the gable to the neighboring boundary >4m, in front of the side wall >3 m
· Dormer < 1.5 m high but <1/3 of the roof height, length <1/2 ground floor wall, outer edge recessed >0.5 m compared to ground floor wall
· The eaves wall height <4 m (defined ground surface up to the cut line: outer shell wall – roof shell) and the ridge height <8.5 m above terrain level.
· 1 parking space or garage on the rear property

We are particularly disturbed by the eaves height, as this allows only an insufficient knee wall for us.
We received comments from planners of the general contractors we have spoken to so far that the requirements are not consistent and can be challenged.

I have now looked at the above-mentioned regulations, plans, etc., and found that these dimensions are not fixed in writing anywhere.

Excerpts from the documents:
- Beyond the limitation specified in No. 1 (building depth), buildings or parts of buildings can be approved if urban development reasons do not oppose it
- §8 No. 4: The building height is defined as the measurement from the top edge of the ground floor finished floor to the top edge of the ceiling of the topmost floor; if a knee wall is installed, its height is added.
- The building height (§8 No. 4) must not exceed four times the permitted number of full floors in meters.
- Special design requirements, especially regarding articulation, number of floors, floor height, eaves height, ridge direction, roof design, use of building materials, coloring, cladding, and plaster, can be imposed by legal ordinance on the construction and alteration of structural installations on and along streets and squares of special urban significance.

How would you assess the regulations?

Unfortunately, I cannot say whether the requirements are contestable; there are other experts here for that. But maybe you could say something about the neighboring buildings, especially in the hinterland. How is the eaves height there?

By the way, the knee wall can be excellently "bypassed" with dormers. Depending on what is allowed in the development plan. Whether it is contestable... no idea.

So the neighboring buildings basically have everything: gable roofs, town villas, bungalows, and multi-family houses with 3 stories. Next door, there is also a bungalow at the back, otherwise half-hipped roofs and more recently also gable roofs with a third gable facing forward. The eaves heights are certainly around 4m, but whether it is 4m or 4.50m I cannot tell with the naked eye.

By the way, you can excellently "bypass" the knee wall with dormers. Depending on what is allowed in the development plan. Whether it is contestable... no idea.

Well, as described at the beginning. I don’t have any more information on that. There is the statement that dormers must be set back 0.50m behind the ground floor exterior wall, which sounds like a loophole to me..
we had planned a third gable and a "larger" dormer, and the lady from the building authority said that wouldn’t work, because that would create a full story on top. The 2/3 rule apparently does not apply, she didn’t tell me how a full story is calculated instead.

"Previous threads" see: and

I received the requirements orally and in writing by email from the local building authority. The oral statement was made with the addition that I cannot read these requirements anywhere, but can only receive them orally from the employee.

That is nonsense. Development plans (including the textual part and justifications) and design statutes are discussed in public meetings and are administrative acts that must meet formal requirements. There are no secret additional protocols that one can only learn about by word of mouth.