Average wall height on the gable side - definition and experiences

Hello,

today I had another planning meeting with the architect. It turned out that our gable roof on the garage at the property boundary is not feasible as planned, because the average wall height must not exceed 3 meters. The construction is to be done in Bavaria, and I found this regulation in the BayBO as well. However, I am missing the precise definition of the average wall height. From other federal states, I have found definitions stating that for roof pitches less than 30 degrees, the gable height is not taken into account. Did I understand this correctly and is this a generally valid definition? That would save us a lot of redesign work. Or is the roof pitch irrelevant? Currently, the plan is a wall length of 8 meters, and the architect said that we must keep the roof pitch under 12 degrees because otherwise we would violate the criterion. It would currently look like this: eaves height on both sides approx. 2.52 m, gable height 3.71 meters.

Thanks in advance for your help!

... is that a generally valid definition?

No. Each federal state has its own regulations. In Bavaria the following applies: Art. 6 BayBO (9) ... deviating from paragraph 4, the height of roofs and gable surfaces is disregarded with a roof pitch of up to 70 degrees Therefore, I do not understand the architect's problem. Isn't he from Bavaria? In NRW he would be right.

Thank you very much for your hint, the problem has been resolved. The roof pitch may be as desired

A quick question regarding the garage, with which I am also not quite clear due to the BayBO:
Am I allowed to build the garage as a boundary development with an area larger than 50 sqm if the development plan does not define much about it? I would like to refer to plan compliance, which then allows 100 sqm again.

The development plan says about garages:

Garages, carports and ancillary facilities may also be built outside the building boundary except along access roads [...] .

- Access area 5 meters distance
- Parking spaces also permitted outside the building boundary if permeable
- Outbuildings up to 15 sqm allowed
- Outside the building boundary max. 2 outbuildings

Does that fit together? Asked explicitly again for boundary development AND more than 50 sqm.

Thanks again for the quick feedback!

Does that fit together?

Yes.
You probably have an old version of the BayBO. I believe there has been no square meter limitation for privileged buildings since 2008.

I would like to refer to the plan conformity, which again allows 100 sqm.

No idea what you are talking about.

Do you perhaps have the passage for me where that was stated in the BayBO or no longer is? I have now gone through it but did not find anything conclusive...

Thanks again!

The historical ones I have only completely for NRW, for Bavaria I only have the version from 1998 (the last with full floor definition) besides the current one.
Art 7 (4)
1 Garages including their ancillary rooms, covered underground garage accesses and elevators to underground garages with a total usable area of up to 50 m² as well as ancillary buildings without fireplaces with a usable area of up to 20 m² do not need to maintain setback areas to the property boundary if a wall height of 3 m on average is not exceeded at the boundary; the height of roofs with a pitch of up to 75 degrees and gable surfaces in the roof area with a roof pitch of up to 75 degrees shall be disregarded.
2 In total, this boundary construction on the property may not exceed 50 m² of total usable area and a total length of the exterior walls of 8 m per property boundary; ...
currently:

Art. 6 BayBO
(9) ... contrary to paragraph 4, the height of roofs and gable surfaces shall be disregarded for a roof pitch of up to 70 degrees