Building rights adjustment: boundary distance from ground height to eaves height

Hello,

we have the following problem with our new single-family house construction:

The development plan specifies an eaves height of 3.5m above the existing ground level. The building plot is about 70cm below the street edge. To avoid using a lifting station, the ground is to be filled so that we end up at the level of the street. One of the neighbors has already done something similar, but to a lesser extent, as the street slopes (about 30cm filling). Another issue with this measure is the boundary distance (H/2), which would no longer be met with a 70cm increase. We have now contacted the building authority with the note that, according to the new Building Utilization Regulation (2012) §5, the building authority has the option to set the ground level (among other things due to concerns about wastewater disposal...). The building authority says that if the neighbors have no objections, they would agree to an increase of the ground level, and thus the issue of the boundary distance would be off the table. The neighbors would even agree.
Now the caseworker at the building authority says: Yes, but the eaves height of 3.5m still applies (referring to the now existing ground level)!!
That is nonsense, because the new ground level doesn’t help us at all if it does not also apply to the eaves height!
What do you think about that? Actually, I can say: the new ground level is the new ground level, and it also applies to the eaves height, right?

Thank you very much!
Philipp

Hello Philipp,

we have the following problem with our new single-family house construction:

The development plan specifies a eaves height of 3.5m above the existing ground level. The building plot lies about 70cm below the street edge ... The building authority says that if the neighbors have no objections, an elevation of the ground surface would be approved and thus the issue of boundary distance would be off the table. The neighbors would even agree to that.

Now the case officer at the building authority says: Yes, but the eaves height of 3.5m naturally still applies (referring to the now existing ground level)!! This is nonsense, because the new ground level does not help us at all if it does not also apply to the eaves height! What do you think about that? Actually, I can say: new ground level is new ground level and that also applies to the eaves height, right?

The definition of eaves heights is a recurring annoyance; also for my job

What you and I consider "nonsense" or not initially interests no one at the building authority; existing ground level is a clear statement. If you build up, you are precisely changing the existing ground level by 70 cm and this build-up is logically deducted from the specified eaves height. Of course you can try to negotiate with the case officer – but he will have little room for maneuver (if any), since he will have to justify himself early next year again for numerous exemptions to the planners of the development plan/superior authorities. That is not always a walk in the park for the people if their understanding for builders is punished by higher authorities.

You can also try to challenge the development plan; the procedure usually takes between 2 and 5 years. I have only experienced once that it was done in a rush; a user of this forum informed me about this in a telephone call.

From experience, you will have to swallow the bitter pill of the eaves height if you want to build on the plot and then the lifting system will come into focus again; do you even want to realize something like a knee wall in the attic.

Best regards