Building inquiry / deviation - how does it work?

Hello everyone,

we are in the planning phase in Bavaria, and there is the following problem: there is a development plan (1986): only a gable roof shape with a minimum of 38 degrees is allowed. However, there are also a couple of houses nearby with flatter gable roofs (around 22 degrees), which is how we would also like to build. We are, of course, talking with these builders about how they got it approved. I briefly contacted the building authority, and I was told that an application for a deviation from the development plan must be submitted. How does it continue with the construction planning and the construction contract? 1. My idea was to submit a preliminary building inquiry, but then I read that this (1) is non-binding and (2) costs and takes almost as long as the building permit itself. So it is of little use. 2. Design a house with deviations like this and apply for a building permit with deviations. But what happens if it is not approved?

What matters to me especially: 1. the time – not that everything will take several months: prices are continuing to explode, and we would like to start construction as soon as possible 2. when should one sign the construction contract? If the deviations for the already signed house are not approved and another house (with a classic gable roof) has to be planned, what happens then with the contract? The contract is already signed for a different house. So I am quite confused about the order and timing.

Thanks for your opinions!

Best regards NilsHolgersson

Well, I am pretty confused about the sequences and timelines.

Yes, obviously. Otherwise, you wouldn’t have concerns about a 38° roof pitch even before planning.

What matters to me especially:
1. the time – not that everything will take several months: prices keep skyrocketing, and we would want to start construction as soon as possible
2. when should one sign the construction contract? If the deviations for the already signed house are not approved and another house (with a classic gable roof) needs to be planned, what happens then with the contract? A different house has already been signed.

1. is also a rushed planning with considerable potential for additional costs and
2. you sign a construction contract above all: N.E.V.E.R. hastily!

The questions should be answered by your planner.

Is there a development plan?

In the clear-cutting it can go quickly but also take time. We do not know your building authority. Just ask them how long something like this can take.

If it does not qualify as a clear-cutting, it usually takes longer because either the district office has to be involved or the city council meeting has to decide.

Yes, obviously. Otherwise, you wouldn’t already have concerns about a 38° roof pitch before planning.

For the one-and-a-half-story house that is unproblematic, but with a bungalow the attic then becomes higher than the living floor ;)
That’s why several bungalows with 20 degrees were approved here, although the development plan provides for 30-45 degrees.

2. When should one sign the construction contract? If the deviations for the already signed house are not approved and another house (with a classic gable roof) has to be planned, what happens to the contract? A different house has already been signed.

If you signed for the wrong house, then it is your problem to get out of the contract again, e.g. by termination with a contractual penalty or change to your desired price from your general contractor (GU).
Accordingly, I would only sign if you have a clause in there that lets you get out without damages if approval is not granted. The question is, why should the GU agree to that?

At this point, I would do the following:
- consider whether a house according to the development plan might also be nice
- simultaneously clarify how the chances for an exception are and how long such a process takes. This varies in every place, so no one on the forum can give you a reasonable answer for your community.

Thank you all,
of course we are still talking with the municipality and the construction company.
One more question: the deviation must also be justified. Is there any reasonable (for the municipality) argumentation for the change from an SD 45 degrees with 50cm knee wall to 22 degrees SD with 2 meter knee wall? :) The justification with "otherwise a living space will be eaten up" doesn't seem very smart to me.

Thank you all, of course we are still talking with the municipality and the construction company. One more question: the deviation must also be justified. Is there somehow a reasonable (for the municipality) argumentation for the change from an SD 45 degrees with 50cm knee wall to 22 degrees SD with 2 meter knee wall? :) The reasoning with "otherwise a living space will be eaten up" doesn't seem very clever to me.

So no fixed 38 degrees after all? Is there anything like this with a 2 m knee wall already in the area?