Determine building height for slope plots or basement levels

Hello everyone,

we have acquired a beautiful sloping plot. The plot is located below the street. It slopes down about 2 meters over a length of approximately 3 meters from the sidewalk and then runs fairly evenly:


Straße Hang Grundstück
______
\ ____________


In order to build on the plot, we therefore have to construct a basement or semi-basement. If possible, we would like to use this level as living space. The question now is how the setback distance is measured. According to the Lower Saxony Building Code, we have a minimum distance of 3 meters to the neighbor's boundary and 0.5H of the building height. According to my research, this refers to the ridge height (i.e. up to the top edge of the upper floor).

The basement will be enclosed by earth on two sides, the other two sides will be at ground level on the property, so that the ground floor later aligns flush with the street. The affected neighboring plot, where the distance could become tight, is used as a rear garden but is designated as building land. On this side, we will pile up earth and place a prefabricated garage next to the house.

How is the distance calculated here? Does the actual building count or must the garage also observe a setback? The garage is an independent prefabricated garage and here possibly only the height of the garage (possibly plus piled-up earth) would count or the total height of the house?

From where is the building height determined in this case? Is it counted from the ground floor or must the basement be included?

I look forward to any tips and
send sunny greetings from Lower Saxony
Andreas

Hello Andreas,

Basically, the height is referenced to the original ground level. This height can be changed upon request or within the limits set in the development plan or generally valid boundaries. Whether this changes/improves the setback areas depends on the type of measure. Partial embankments are generally considered as independent components, so they must have a 3m boundary distance themselves or may possibly trigger easements on the neighboring properties.

In any case, ask the architect about this. If you are looking for contact with a surveyor, I may be able to help you, depending on where exactly the [BV] is located in [NDS]. Feel free to send info via private message; I have several contacts in [NDS] and it is definitely advisable, especially for this type of property, to work with a surveyor from the start so that the [AR] gets clean planning data.

Best regards
Dirk Grafe