Basement exterior stairs outside the building boundary

Hello everyone,

we are planning to build a single-family house in Bavaria next year. There is already a valid development plan for this. Now the question: The single-family house is to have an external cellar staircase. This is partly located outside the prescribed building boundary. Is this permissible? Or do we have to do without the external cellar staircase or have it approved separately? Thank you very much for your answers!

Best regards

Is this permissible?

No.

Or do we have to do without the exterior basement stairs or get them approved separately?

Exemption from approval according to Art. 58 is not possible. In the simplified procedure according to Art. 59, a brief justification should suffice. In my opinion, a dispensation is not necessary, since the Building Use Ordinance in §23 (5) explicitly considers "a slight projection of building parts" as permissible. Since this is a case-by-case decision at the discretion of the authority, however, the caseworker may see it differently. Perhaps they also see an option to certify harmlessness in advance by application and still submit according to Art. 58.

What might possibly work: at least in NRW, building parts that are below the natural ground level (for example, basements) are allowed to be built outside the building envelopes. I don't know if this is also the case in Bavaria. Could be a starting point.

At least in NRW, building parts that are below the natural ground level (for example basements) may be constructed outside the building envelope.

This may be true in individual cases, but as a rule, underground structures must also comply with the building boundaries. Since the Building Code and the Land Use Ordinance are federal law, this applies throughout Germany.