Deviation from the development plan - eaves height

Thank you very much for the helpful answers!

Unfortunately, the building authority sees little chance for our project after the first meeting :-[

But regarding Escroda's notes:
- The development plan is from 1992
- there are no other height regulations
- the street axis is the reference point
- 1 full floor, as well as an additional one in the attic space
- no further exemptions necessary
- there are no indications of reasons for this height regulation - but we are a quite wooded community, and they probably want to preserve this "idyllic" character with small houses...
- no special property conditions
- according to the architect, both neighbors have a higher TH than 3.5 - one is just slightly above, the other is probably at 4.5, but he has a basement. Incidentally, about 80% of the houses in the area have an elevated TH over 3.5 - all with basements (4.5 are allowed here), and all roughly built in the 90s.

Therefore, for me as an explicit layperson, § 31 Abs. 2 Nr. 2 should actually apply.

And what I don't understand is: Why not set a maximum TH that everyone can build to as they wish - with or without a basement? For the overall appearance, it is completely irrelevant whether my house with TH xy has a basement or not, as long as it stays within the given dimensions. Who can understand these regulations...

Hi,

Law very often has nothing to do with logic and common sense, building law even less...!

If the requirements of your development plan are really that crazy, a workaround might help if no minimum basement size is specified:
How about a 2*2 m shaft under the ground floor, which is defined as a basement? That way you reach the 4.5 m eaves height...

Best regards,

Andreas

Back then, we were told that there were absolutely no exceptions, because otherwise there would be enormous trouble with others. We have a development plan in which everything is allowed except for the knee wall of an incredible 40cm. They said to use every trick the construction companies could think of to raise the knee wall, but they can no longer change or alter it. They didn't want that at all; the guy who signed it didn't read it or didn't understand it. Politicians, after all. Now everyone just has to make the best of it (e.g. set 2.5 floors, since the eaves height of 10.5 meters is allowed).

Strange development plans you have there in Brandenburg (see thread by Dutch from 7.2.16).

For me as an explicit layman, § 31 para. 2 no. 2 could actually apply.

If the city planner does not provide a justification for his specifications and if there are no further deviating specifications from houses with basements to houses without basements, so the houses present a uniform streetscape, I completely agree with you. Did the building authority give no reason for the unfavorable views? Who decides about the exemption in your area?
Probably only a preliminary building inquiry helps to receive a binding statement. If your authorized planner explains the reasons for an exemption in detail in this, the authority must also justify a negative decision. You could then take legal action against it. Of course, this is no solution if you want to move this year.