Definition "Cultivation" - When is "Attached" fulfilled?

  • Erstellt am 2016-06-22 19:01:58

Rucamahaus

2016-06-22 19:01:58
  • #1
Hello everyone,

can someone tell me exactly what the definition of an extension is? Or if ours is one?
We have the following problem:
The municipality is not approving our building application because the "extension" is too large.
We do not see it as an extension (marked in red), but as the main building! (which does not have to be rectangular)

Attached are pictures of the ground floor (also basemented) and the upper floor with a balcony on top. Additionally, the municipality's development plan.

Regards
Rucama


 

nordanney

2016-06-22 22:22:25
  • #2
When I read the [Satzung], the first thing that comes to mind is: You must not build a house like that!
 

ypg

2016-06-23 08:40:35
  • #3
The main house it certainly is not. That would be your square? footprint, which is also built over on the upper floor. I see it as a bay window. A bay window is an extension. The 5-meter rule is often read and seen. For me, it is also clearly readable.
 

DG

2016-06-23 10:21:21
  • #4
Hello Rucama,

Only your architect can help you with this. If necessary, such disputes must be fought in court or you have to obtain corresponding rulings – I think you will find some if you know where to look. The building authority probably refers to the description of "subordinate building parts" in the state building code. These are only allowed certain dimensions, supplemented by the regulations in the development plan.

Unlike my predecessors, I do _not_ see this as an extension within the meaning of the development plan regulation, because it is not a cross-building or similar – but this is only my personal opinion. For me, this all belongs to the main building body, also because these are complete living spaces and not a conservatory, open seating area, or similar; but you have to make that clear to the case officer.

The path of least resistance is, of course: completely carry the "extension" on the east side up to the south, which corresponds to the development plan, or shorten the "extension" east by about 1m, then it only takes up 50% of the house width.

Kind regards
Dirk Grafe
 

Otus11

2016-06-23 23:17:05
  • #5
Hello,

does the "extension" infringe on setback areas or lead to their reduction?
 

DG

2016-06-24 10:23:26
  • #6


This is theoretically possible, but in that case the reasoning of the building authority should be different. Furthermore, the sketch from the original poster is of course not a site plan for the building application. However, I don’t think much can be done from here; this is something that needs to be clarified on site with the case officer and the architect.

: if possible, please upload the site plan for the building application, censoring all information about the location, builder, etc. beforehand.

Best regards
Dirk Grafe
 

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