Escroda
2018-01-11 09:38:16
- #1
It is like this:
[*]8.5 m "building height" from the top edge of the basement floor slab.
That is indeed unbelievable! Unfortunately, once again a case for lawyers. Here is my assessment:
This interpretation will not withstand judicial review. The term "floor slab" alone violates the requirement of definiteness, since further explanations such as "floor slab of the lowest storey" are missing. Even with that, there would still be a lack of definiteness, because the reference point must be determined or determinable in the plan itself, as it is for the reference point of the eaves height. Here, however, the reference point would depend on the architect’s planning.
Also completely unclear is the urban planning purpose of this stipulation. I would be curious about the wording in the justification. The possibility of a height determination aims at design influence on the townscape, which is definitely not achieved with this stipulation, and not at limiting the built-up volume. Other means such as plot ratio/floor area ratio/BMZ are available for that.
For you, the question now is whether you want to pursue legal action if the building application for your dream house is rejected. Are there still no houses in the building area? Do you know other builders there? Have you ever talked to an architect?
We measured these two points.
There is only one point. You determine the midpoint of your street-side boundary (which admittedly is not quite clear with your plot shape). From there you take the shortest way to the street center (I then arrive at point 258.81). The eaves of your house may be a maximum of 6 m above this point (so a maximum of 264.81 above NHN), completely independent of the terrain heights on your property. Although this stipulation is also likely to be challengeable (see judgment OVG NRW, 28.08.2014, Az.: 7 D 8/13.NE).