Attic with roof terrace – Not a full floor?

Hello everyone,

the following situation: The maximum number of full storeys for our house has been reached. The attic is currently not a full storey (and must not become a full storey). The storey below has 169.89 sqm. 2/3 of that are 127.41 sqm. Our attic currently has 127.26 sqm (clear room height > 2.3 m). We have space between two rear dormers and would like to build a roof terrace there (see attic plan). Question: Since the terrace does not have a clear room height, it is not added to the 127.26 sqm, right? Are we then allowed to have the terrace built according to the state building code or not?



[ATTACH alt="dachgeschoss-mit-dachterrasse-wann-kein-vollgeschoss-567123-1.png" type="full"]70732[/ATTACH][ATTACH alt="dachgeschoss-mit-dachterrasse-wann-kein-vollgeschoss-567123-2.png" type="full"]70733[/ATTACH]

Hello everyone,

I would really appreciate a response. Attached are the justification from the building authority and the supplement:

“The floor area relevant for the full floor verification was incorrectly determined. Only areas covered by the roof structure are included in the calculation of the floor area (see Jeromin, in: Jeromin, Landesbauordnung Rh-Pf, Kommentar, 4th ed. 2016, § 2 Rz. 67).

Full floor area: 169.83 m²
Floor area less roof loggia: 162.82 m²
Area above 2.30 m: 126.27 m²
Verification full floor:
(162.82 / 4) * 3 = 122.12 m² < 126.27 m² => attic = full floor
According to the calculations we provided, the attic is a full floor.”

This is the reason for the construction stop we had. We had to acknowledge this, adjusted the attic somewhat, and now have 127.26 sqm (without terrace, which we are not allowed to make, and had to simply roof the area between two dormers and make it not accessible). The current calculation is:

Full floor area is 169.89 sqm. 3/4 of that is 127.41 sqm. Our attic currently has 127.26 sqm (clear room height > 2.3 m).

Therefore, the question is, is this correct and is it indeed not allowed to make a terrace between the 2 dormers? Would the attic then become a full floor through 127.26 sqm + 7 sqm roof terrace = 134.26 sqm > 127.41 sqm?