Definition of Gaube or Giebel in Baden-Württemberg

Hello everyone,

I want to build a "transverse gable or flat roof dormer" on our house. Unfortunately, this is prohibited for me due to the vague definition of dormer and gable. On professional sites on the internet, a dormer is described as: set back from the facade, enclosed on all sides with roof panels into the roof, and with a gutter in front. However, I want to build a rectangular dormer with a flat roof set 15cm forward from the facade. This could also be considered a transverse gable since it does not correspond to the definition on the internet professional sites (see photo). My building authority, however, sees this as a dormer and therefore allows me to build the dormer only 1/3 of the roof length, which seems too narrow to me. Is there a definition of dormer and gable that I could refer to?

Thanks for the help
maccus

Hello Maccus,

Is there a definition of dormer and gable that I could refer to?

There is actually nothing to argue about or misinterpret. Dormers are roof structures for vertical windows that are built entirely on the roof and not wholly or partially in front of or on an exterior wall => a constructive part of the roof. With cross gables, a clearance distance is required in both the opposite and lateral directions. Thus, in inner-city areas, elaborate roof structures are not permitted due to the lateral clearance distances, but only genuine dormers as privileged roof structures.

Kind regards

Thus, in the inner-city area, elaborate roof structures are not permitted due to the lateral setback areas, but only genuine dormers as privileged roof structures.

Thank you,

how am I supposed to understand this statement?

I studied the case law on dormers/roof structures intensively last night. The interpretation is always the one you mentioned, that our "dormer" is a cross-gable roof and not a roof structure, so not a dormer.
But unfortunately, I cannot find any case law for Baden-Württemberg; how binding are the rulings of the Higher Administrative Courts (VGH) of other federal states? I think not at all?

Hello,

how should I understand this statement?

A “privileged” dormer is a roof window formed by lifting the roof covering, regardless of the distance to the exterior wall beneath it, and it must not rest on the floor slab of the story => it is a structural part of the roof. (OVG ruling from 22.08.1996) In all other cases, i.e., where it is not a privileged dormer or structure, opposing and lateral setback distances apply.

Unfortunately, I cannot find any case law for BaWü, how binding are the rulings of the VGH of other federal states? I think not at all?

“Actually,” the above regulation is state building law, therefore valid regardless of the federal state. However, the legislator has left a gap – each municipality can draft its own development plans in such a way that they do not violate state building law but may nevertheless prohibit certain things from time to time.

If you intend to use case law to correct the statement of your building authority, I would strongly advise utmost sensitivity; this move can—if the official is having a bad day—quickly backfire. You will need an architect for your construction project anyway, please ask him/her to contact the responsible official. An exchange on an “equal footing” usually works wonders

Kind regards