Building application rejected :(

Hello and have a nice weekend,

a question: the building application was surprisingly rejected because the built-up area was rejected due to the proposed balcony (which I always mentioned from the beginning during the conversation at the office...). Also, no one really follows the development plan in the area, also because until 20 years ago everything was built illegally... but even today every neighbor builds balconies, sheds, etc., and no one minds... Now my question is, do other structures also count towards the built-up area, e.g., a conservatory, or what if I put a garden shed next to the house and sunbathe on the roof? Are there things that officially do not affect the built-up area? Or should I rather ask the city council why double standards are being applied here?

Thanks to you!

Pit

My knowledge: Balconies are subordinate components like conservatories and may exceed both the building boundary and the built-up area. However, this is regulated differently in every development plan. Unfortunately, the illegal construction by your neighbors does not create building rights for you. You can report the neighbors and they may have to remove it, but you are not allowed to build because of it. It would be different if a similar exception has been permitted for one of your neighbors, then you can invoke equal treatment and file an objection with the higher authority. However, for this, you need to somehow get the information from the building authority,...

How big is the balcony - how wide, how deep? Not every balcony qualifies as a subordinate component...

The balcony is 4.9m wide and 2.1 deep... so about 10m2. This should be built as a "light" wooden construction in front of the house. I am now thinking about reducing the house by 4-5m2 and halving the balcony. That would be very annoying since the balcony is an essential part of the architecture of the house. I will try to inquire with the neighbors about the house sizes they have managed to get approved... I heard from one neighbor that he was over 14% above the mentioned 100m2, let's see if that is confirmed.

Regards

Hello Dipl-WiINg,

why don’t you go to an architect who is familiar with the local conditions and applicable building regulations? Who even submitted the building application on your behalf and didn’t recognize the problem beforehand!?

Best regards
Dirk Grafe

Hello Pit,

a question, the building application was unexpectedly rejected because the built-up area was refused due to the proposed balcony (which I always mentioned from the beginning during the conversation at the office...).

As D. Grafe says, the purpose of a building application is questionable if not all the requirements of the development plan have been considered. Who created and submitted the building application? The Bavarian Building Code actually regulates all possible questions.

Or should I rather ask the city council why double standards are being applied here?

That may seem so to you – whether one neighbor or another has paid heavy fines or simply adhered to the building line and the required setback areas, you cannot tell just by looking.

Rhenish greetings