Deviation from the development plan - eaves height

Hello!

We are currently planning the construction of a single-family house with 1.5 storeys. According to the development plan, a eaves height of max. 3.50 m is permitted – exception: with a basement, up to 4.50 m is allowed. We do not want a basement but find an eaves height of 3.50 m quite low. Almost all houses around are clearly above 3.50 m eaves height (with a basement, of course). Are there chances to get approval for a higher eaves height here without a basement, considering the surrounding buildings, or are there good tips for justification?

Thanks in advance!

In my opinion, there are possibilities - it depends on the employees at the building authority who grant the approval. The personal + kind word should work wonders

One argument would be that you get the greatest possible residential value through increased living space on a small economical area, i.e., the social aspect. However, that does not apply if you want to build a 200 sqm block and thus raise the roof higher than other comparable houses in the neighborhood with a basement.

If it is possible in terms of the plot ratio and finances, I give the tip to choose the ground floor slightly larger and to wall up the knee wall or increase it from the inside by planning shelf and cabinet installations there.

In my opinion, there are possibilities – it depends on the employees at the building authority who grant the approval. A personal + kind word can work wonders

That would also be my advice. Just ask without obligation. Think of some good arguments beforehand. If you have an architect at hand, then kindly ask them. Often experts exchange views among themselves here. Possibly ask if you can meet with a responsible employee on site. That way everyone can get a better understanding.

Exemptions from the regulations are granted by us only in very special exceptional cases, especially when the development plan is still relatively new (~<10 years), e.g. if there are special property conditions such as a hillside location, slopes, protected trees. Also, the person responsible for issuing the building permit does not decide on exemptions, but an employee of the planning office who is involved in the approval process. Therefore, a clarifying conversation can be quite difficult depending on the authority configuration. In any case, the conversation should be well prepared. From my point of view, the following questions arise from your description:
-How old is the development plan?
-Are there more height regulations (ground floor level, ridge, base, knee wall)?
-Where is the reference point for the height regulations (existing terrain, street axis, ground floor)?
-Is the number of storeys fixed?
-Are further exemptions necessary for your project?
-Are there any indications in the written regulations or justification of the development plan as to why the eaves height is set as it is?
-Are there special property conditions?
-Are the neighbors higher because the basement protrudes accordingly far out of the ground?

And then you should critically ask yourselves whether the conditions of the Building Code are met for your project:
§ 31 Exceptions and Exemptions
(1) Exemptions from the regulations of the development plan can be permitted if they are expressly provided for in the development plan in terms of type and scope.
(2) Exemptions from the regulations of the development plan can be granted if the fundamental principles of the planning are not affected and
1. reasons of the public welfare, including the need to accommodate refugees or asylum seekers, require the exemption or
2. the deviation is acceptable from an urban planning point of view or
3. the implementation of the development plan would lead to an apparently unintended hardship
and if the deviation is also compatible with public interests while taking neighborly interests into account.

In my opinion, there are possibilities - it depends on the employees at the building authority who grant the permit. A personal + kind word can work wonders

With us, building applications are approved by the municipal council and not by the building authority. That almost sounds like an invitation to bribery,...
Basically: It is always easy to operate within the boundaries of the development plan, then no one can do anything to you. If that is not possible, then Escroda's comments regarding the development plan are not bad.
If the neighbors are subject to the same development plan (which can be easily determined) and have built higher, there are either already exemptions -> then you can also claim these for yourself according to the principle of equal treatment or many illegal buildings,...
Whether deviations have been approved can be told to you by your future neighbors or the employees of the building authority.

....or many illegal constructions,...

Which - with certainty - were subsequently charged by the building authority

Rhenish greetings