Built-up area: Do the garage / carport belong to the built-up area?

  • Erstellt am 2017-01-06 15:31:16

Escroda

2017-01-13 20:38:42
  • #1
That which most builders construct onto their living room to enjoy the summer. If you can step out onto your terrace through a floor-to-ceiling door from your house, the terrace is not considered a secondary structure within the meaning of §14 of the Land Use Ordinance but rather a component of the main structure, that is, the residential building, and must be fully included in the floor area ratio-1 and, by the way, also lie within the building envelope. You could also place your terrace further back in the garden, for example as a barbecue area, provided the local development plan does not exclude this. Then it would not be connected to the residential building and would be a subordinate secondary structure counted towards the floor area ratio-2. It is stated indirectly in §20 of the Land Use Ordinance: (4) When determining the floor area, secondary structures within the meaning of § 14, balconies, loggias, terraces as well as structural installations, insofar as they are permissible or may be permitted under state law within the setback areas (side boundary distance and other setback areas), are not taken into account. Why should terraces be explicitly mentioned here if they always belonged to the secondary structures? Granted, this still leaves room for interpretation and the wording could be further questioned. Therefore, there are relevant commentaries and court rulings on this topic, which the city of Frankfurt a.M. has nicely summarized in a guidance document on floor area ratio/floor space index and published on its website.
 

Payday

2017-01-14 19:18:16
  • #2
sorry but in your quoted Baunutzungsverordnung it nowhere says that terraces directly at the house are fully counted. otherwise you just leave 1 cm (necessary anyway as an expansion joint) of space and then it is no longer directly connected (where else would the border be?). it would only be connected if, for example, the terrace also stood on the house’s foundation slab (which was probably never done). if a terrace is fully counted, a garage would also have to be fully counted if it is located at the house, etc...

i have simplified the sentence in the Baunutzungsverordnung a bit so that it reads better:

the passage with the state law is missing.

original:

 

Escroda

2017-01-15 08:08:45
  • #3
But that is the nature of laws and regulations, that they are kept as general as possible and cannot address every individual case. That is decided by the officer who grants or denies the building permit. If you disagree with the denial, you can discuss it with him and his superiors, and if everyone sticks to their interpretation of the legal text, a court must decide. From these court decisions, internal administrative or public guidance recommendations arise, which are used in individual case decisions, against which you can again appeal. No, because what counts toward the floor area ratio-2 is expressly stated in §19 of the building use ordinance (4) When determining the floor area, the floor areas of 1. garages and parking spaces with their driveways, 2. ancillary facilities within the meaning of § 14, 3. structures below ground level that merely underpin the building plot must be included. The permissible floor area may be exceeded by the floor areas of the facilities described in sentence 1 by up to 50 percent, but at most up to a floor area ratio of 0.8 Terraces are not expressly listed here, unlike in §20. Therefore, it is a case-by-case decision when a terrace is an ancillary facility. With your expansion joint it certainly is not, but whether it must be 1 m or 10 m away from the house depends on the individual circumstances.
 

Payday

2017-01-15 11:43:46
  • #4
I have read it again. You are right, it could really be interpreted the way you say. But there is also a simple solution: the terrace is simply an access path to the garage, because the access path falls under §19. Nowhere is it precisely defined what an access path or parking area is. I can also park my car on the terrace. Of course, there would have to be a direct way to park the car there from the street. There is at least no technical reason why a paved access path can be exceeded by 50%, but the terrace—if it is directly adjacent to the house (although I still haven't found anything about being adjacent to the house)—with exactly the same stones cannot. The thing about being adjacent to the house really doesn’t appear anywhere and cannot be inferred from anywhere. Because there is no terrace far from the house; at least this is not explained anywhere in the Building Use Ordinance.
 

Otus11

2017-01-15 13:25:08
  • #5


The mentioned 20 (4) also deals with the FLOOR area, not the floor area ratio ...
 

Escroda

2017-01-15 20:11:18
  • #6
correct, §20 explicitly excludes terraces, whereas §19 only privileges 1. garages and parking spaces with their access routes, 2. ancillary facilities within the meaning of § 14 and 3. structural installations below ground level, through which the building plot is merely undermined terraces not. That depends on the definition of terrace. If you see it that way, there is all the more reason not to include the terrace in floor area ratio-2, since it is not mentioned in §19.
 

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