Cold winter garden vs. terrace roof

Hello everyone,

we are considering redesigning our terrace and actually would have liked to have a conservatory, but unfortunately that is not possible after a visit to the building authority.

According to the building authority, a fully enclosed conservatory, even if unheated, is a primary use. And therefore we have to maintain a 3m distance from the neighbor. Unfortunately, that does not work for us.

A clause in the development plan stating that a minimum distance of 5m to the street must be maintained for all types of buildings (primary & secondary buildings) is also an obstacle.

Now we have arrived at a terrace roof. This is no longer a primary use, but secondary use. With this, we are allowed to build up to the boundary with the neighbor.

According to the building authority, the terrace roof may also be partially closed on the sides. However, it was left open what "partially" means. And the colleague from the building authority who could provide information on this was unfortunately not available.

Does anyone of you know if there are any guidelines or case law regarding the side walls?

Best regards

Maren

This is no longer a primary use, but a secondary use.

Says who?

That means we can then build up to the neighbor’s boundary.

That is an adventurous interpretation of the state building code. Or does the development plan explicitly allow that?

that a minimum distance of 5m to the street must be observed for all types of buildings (primary & secondary buildings)

And that no longer applies then?

And the colleague from the building authority who could provide information on this was unfortunately not available.

Then better wait until you can catch him. The mentioned information seems to have sprung from the imagination of a randomly present colleague from street cleaning.

So I know of canopies that have been approved. Better clarify this directly with the relevant employee at the building authority.

What has become of the [Überdachung]?

The project is on hold for now. The building authority employee advised us to consult an architect for legal certainty, and in the current construction boom, none of them have time for small projects...