Attic / Full floor

Hello,

my name is Dimi, I come from NRW, I am 34 years old and new here in the forum, hence the brief introduction from my side. I hope my topic is correctly placed here.

I have acquired a two-family house, built in 1962. It has a basement, ground floor, and upper floor, each full stories, and an originally non-developed attic. According to the development plan, two full stories are permitted, so everything is within the green zone.

The deceased owner at some point built out the attic interior (without a building application or similar), radiators, sanitary facilities, insulation, cladding, etc. Although everything looks terrible (homemade by a non-craftsman), these measures have been carried out.

My questions:
1.) Is this considered a change of use of the attic and should it have been reported to the building authority, or do I now have to take action?

Since I might want to newly develop the attic myself, possibly also raise the knee wall, etc., I have the following questions:
2.) In my research, I concluded that as soon as the clear height > 2.3m on more than 75% of the attic floor area, according to NRW building regulations, this counts as a full story, which I would not be allowed according to the development plan (see above), because it would be the third. A permission for such a project would be hopeless, right?

3.) Assuming I plan the construction so (statics and approval would allow it) that not 75% but 70% exceed 2.3m, or at 75% the clear height does not exceed 2.2m, with larger windows, etc. Then by definition, there would be no full story and it would be legally permitted.
But how could I then use this attic development? Would it be considered living space (bedroom, living room), which would then even be rentable later, or would I have just created expensive recreational rooms?

I hope that is not the case; if so, the definition would be:
no full story = no living space = not rentable - and vice versa

Hello,

Regarding question 3.), I misunderstood something. Since living rooms = residential rooms, according to the building regulations NRW (7) "Living rooms are rooms that are intended or suitable for the not only temporary stay of people."

Alternatively, what requirements must an attic (conversion as a full floor not allowed) meet in order to be classified as a living room, thus counted as living space and consequently rented out?

2.) In my research, I have come to the conclusion that as soon as the clear height > 2.3m over more than 75% of the floor area of the attic exists, by definition of the NRW building code there is a full storey, which I am not allowed to have according to the development plan (see above), because it would be the third. A permit for such a project would be hopeless, right?

Why should it be hopeless? Is the basement a full storey? For us, it counts as a full storey if it protrudes more than 140cm above ground level. So first clarify the basement storey!

But how could I use this attic conversion now? If it were living space (bedroom, living room), then it would even be rentable later,

You must report any rental and it might not even be allowed. That means: granny flats must be permitted according to the development plan. Parking space usually also has to be provided. If a granny flat is allowed in your area, then it can also be located in an attic, i.e. also in a "half" storey, as the generally converted living space in the attic is usually called.

Several topics come together here, for which more details are needed for clarification, e.g. inventory plans, development plan, etc. A [DG]-conversion is a change of use and thus requires a building application. It can be legalized afterwards if it is basically approvable under building and planning law. For you, the [DG] must be demonstrated as a non-full floor by calculation. This is basically feasible.

Requirements according to the building regulations are then imposed on the rooms in the [DG], which are prerequisites for use as living space: lighting, sufficient standing height, access/stair width, 2nd escape route. The top edge of the finished floor of the [DG] should also not be higher than 6.99 m above the external ground level; otherwise, it is a building of building class 4 with significantly higher fire protection requirements.

Whether a second/third apartment can be approved is defined by the development plan. This also includes the so-called declaration of separability to prove a complete, self-contained dwelling unit with separate access, etc., possibly also a 2nd/3rd parking space. In addition, increased requirements for fire protection and sound insulation are automatically imposed on the components between the apartments, e.g. on ceiling constructions or on the stairwell.

It is best to hire an architect for all these preliminary considerations, the clarification of the building and planning law possibilities, and the building application.

Hi, thanks for your answers.

Why should it be hopeless? Is the basement a full story? For us it counts as a full story if it protrudes more than 140 cm above the ground. So first clarify the basement story!

The basement is not a full story, it lies almost entirely below the terrain surface, but the ground floor and the upper floor are full stories, so regarding the full stories I am done, since according to the development plan, II full stories are allowed. That is why the initial question: is a roof story as a III full story still possible?

I think this was answered here

You must prove by calculation that the attic is not a full story. That is basically feasible.

The rooms in the attic are then subject to requirements according to the building code, which are prerequisites for use as living space: lighting, sufficient standing height, access/stair width, 2nd escape route. The top edge of the finished attic floor should also not lie higher than 6.99 m above the external terrain surface, otherwise it is a building of building class 4 with significantly higher fire protection requirements.

I think all this could be implemented, the staircase is very generous and continuous upwards to the attic with its own entrance. The ground floor and upper floor are each 2.75 m high, up to 6.99 m there are still 1.49 m and this is not measured from the ground floor floor to the terrain surface.

I have to get the development plan, since it is a two-family house I have to check whether a third apartment would be allowed. If everything were allowed and feasible, to my understanding, the requirements for the clear height of the attic would be as follows:

at least
§ 48
Living rooms

(1) Living rooms must have a floor area sufficient for their use and a clear height of at least 2.40 m. For living rooms in residential buildings with no more than two apartments, for living rooms in attic and basement, otherwise for individual living rooms and parts of living rooms, a lower clear height may be permitted if there are no concerns regarding usage. Living rooms under a sloping roof must have a sufficient clear height over at least half of their floor area; parts of rooms with a clear height of up to 1.50 m are disregarded.

at most
§ 2
Definitions

(5) Full stories are stories whose ceiling top edge protrudes on average more than 1.60 m above the terrain surface and which have a height of at least 2.30 m. A top story (stepped story) recessed compared to the exterior walls of the building is only a full story if it has this height over more than two thirds of the floor area of the story below. A story with pitched roof surfaces is a full story if it has this height over more than three quarters of its floor area. The height of the stories is measured from top edge of floor to top edge of floor of the story above, in stories with roof surfaces up to the top edge of the roof covering.
[/QUOTE]

Thanks...

Oops, I completely omitted the OG with the second apartment in my response Sorry!