Difficult Plot and Monument - §34

Dear forum,

first of all, we would like to introduce ourselves. We are a family of four and have now found a beautiful hillside plot in NRW. We are aware that it is a "problem plot" in terms of buildability, but we have fallen in love with the location and the view. It is a total of 390 m² building plot, with grassland adjoining at the rear. It is currently built on with two buildings, of which the front one has become a listed monument in need of renovation. The rear building is in such poor condition that it must be demolished. Of course, the monument in its ensemble must not be sensitively disturbed, so a modern flat roof is unfortunately not possible. However, I am hopeful that we can connect the monument to our planned new building with a joint. First of all, the "current situation": the front house is the monument, which I want to renovate and use as an office/guest room.


Currently, the front house has two floors, but the ceiling height is no longer compatible with our height, so we plan (as far as possible) to remove walls and the floor slab and expose the beams.

Now about our planned new building. We are planning together with an architect whom we trust very much because she has built and renovated really great houses in our circle of acquaintances.

Development plan/restrictions
Plot size: buildable - 390 m², grassland behind
Slope: yes, rising towards the back, between 8 and 12% incline, so the house is located at the lower side of the hill. Unfortunately, the view into the valley can only be made possible from the upper floor due to opposite buildings on the next street side.
§34 development, "mixed" neighborhood, single-story, two-story flat roof and gable roof, 2.5-story gable roof
Edge development: obviously plenty in the neighborhood. My architect is more optimistic than I am that edge building is allowed.
Number of parking spaces: 1
Number of floors: two full floors + gable roof
Roof type: gable roof
Style: must form a cohesive overall picture with the half-timbered house (please no historicism, I prefer modern architecture, maybe wooden cladding)
Orientation: Architect absolutely wants to build eaves-facing to the street because of the window areas. I am not sure if this is possible due to the boundary development. Therefore, I am throwing in a gable-facing design. I am especially curious about your ideas here! This is still the very first planning phase.
Maximum height/limits: 2.5 stories

Builders’ requirements
Number of persons: 2 adults + 2 children
Space requirement on the ground floor: adult bedroom, 2x children’s bedrooms, 2 bathrooms, separate cloakroom, either at the rear (hill) or basement: laundry room, storage, building services; upper floor: large kitchen-living area with garden access, fireplace, guest WC
Office: combined with guest room
Occasional guests per year
Open or closed architecture: open
Conservative or modern construction: modern
Open kitchen, cooking island
Number of dining seats: at least 8
Fireplace: yes
Music/stereo wall: no
Balcony, roof terrace: no
Carport

House design
Not yet available at all, it is just about the principle of buildability
Who originates the planning: architect vs. own ideas
Personal price limit for the house, including equipment: initially open to see what is feasible
Preferred heating technology: heat pump

If you have to give up, on which details/features
-can give up:
-cannot give up: large window front to the garden with access to the garden/terrace

Now the first idea from the architect. She assumes a principle buildability including edge development and therefore wants to set the new building eaves-facing to the neighbor. I would like the joint to be longer, but then the length of the edge development would become too oversized. I find that a pity, I would have liked to plan the new building a bit further back in the plot and thus create a larger courtyard in the front area. Here is the first idea, which is currently being checked by the building authority/monument authority for principle feasibility:

The extension to the garden is optional and designed as a flat roof.

My idea would be to make the building joint longer, place the entrance door and cloakroom there, and have the new building walk over it, which would then be rotated gable-facing. Since the building then goes very far into the slope, the ground floor ends as a basement, and the upper floor then has direct access to the garden at ground level. I would also have to go into the edge development. However, I can imagine that it is easier because I am planning only a single story there. Will the house have enough windows then? One would not want to orient the window fronts too much towards the neighbors. At least to the garden, I would want to design the gable as a large window area.



Many thanks for your suggestions! What do you think is feasible? What are the advantages and disadvantages?
I am also still looking for a map with contour lines. All maps I find online are somewhat coarse. Is there an online resource for NRW or what do I have to select in the NRW Geoportal to get a good display?

Interesting project. Just as a note:

Currently the front house is two-storey,

No, it is a single-storey.

§34 development, "kraut und Rüben" in the neighborhood

Par 34 has more regulations than you think.

Maximum heights/limits: 2.5 storeys

There are no half or 0.5 storeys. About boundary development:

you don’t want to align the window fronts too much towards the neighbors.

I can imagine that boundary development is actually allowed there (it’s simply called closed development), but I would be surprised if you are allowed to put windows directly on the boundary. Possibly there are old houses in that area, but they fall under existing rights. You certainly won’t be able to plan south-facing windows with boundary development.

Orientation: the architect definitely wants to build eaves-facing to the street because of the window areas.

If you go too deep into the property (blue drawing, so gable facing the street), then the house will be built too deep into the slope. Meaning: very few windows on the ground floor. The ground floor will be more like a cellar than a basement. Keep us updated and show us the first plan. By the way, I wouldn’t call it a problem property, but rather a lover’s property.

Interesting project.

Thanks for the assessment! I hope more people here think so too. I am a big fan of internet forums because collective knowledge can provide an incredible amount of inspiration. I am also happy to return the favor!

No, it is a single-story building.
...
there is no such thing as half or 0.5 stories.

You see, I am just at the very beginning of the topic and make such trivial mistakes. I think in less than three months I will be able to participate better in the discussion. So, the attic is finished in the listed building. I want to open it up and expose the beams. Two stories really is nonsense, but I thought something like that could be called a "half story." So how do I distinguish between single-story and single-story with a finished attic?

Regarding boundary development:

I can well imagine that boundary development is actually allowed there (they simply call it closed development), but I would be surprised if windows are allowed directly on the boundary. Maybe there are old houses in the area that fall under existing rights. You surely won’t be able to plan south-facing windows with a boundary development.

You are right. My architect’s plan wants to build the house with the eaves facing the boundary, so no windows go into the wall in the boundary development. In my drawing, I want to comply with the three-meter boundary development for the main building body. Then one should be allowed to plan windows (even if the neighbors don’t comply with the three meters). There is no building encumbrance registered on the property. The construction joint in my idea works without windows facing the neighbor’s property. I want to create a sort of courtyard character in the front; that's where the windows should be. The cloakroom in the joint could get light inside through light strips.

If you go too deep into the property (blue drawing, i.e. gable to street), then the house is built too deep into the slope.
Meaning: very few windows on the ground floor. The ground floor will be more like a basement than a lower floor.

Yes, that is clear to me. That’s why I also drew a relatively large footprint there. The rear area could then become usable space in the basement, but hopefully the living spaces for 2 adults and 2 children could still fit there. Otherwise, one of these rooms will have to go upstairs and the living kitchen be smaller or the attic be expanded further.

Keep us updated and show us the first plan.
By the way, I would not call it a problematic plot, but a plot for enthusiasts.

Thanks for the kind words! I fluctuate every day between wanting to cry and being absolutely thrilled. That’s what happens when the heart beats the head ;-) You surely know that...

If you go too deep onto the property (blue drawing, meaning the gable towards the street), the house will be built too deep into the slope. Meaning: very few windows on the ground floor. The ground floor becomes more like a basement than a lower floor.

P.S: I also really like split-level houses. That would be more suitable for my elongated floor plan, then the staircase would have to be in the middle. What are the advantages and disadvantages?

Two stories is really nonsense, but I thought something like that could be called a "half floor." How do I then distinguish between one story and one story with an expanded attic?

The number of stories according to building law refers to full stories. Everything else is not mentioned at all. This attic expansion is living space, but according to building law it does not count as a story.

Then you should be allowed to plan windows

Actually yes, if the distance is observed.

even if the neighbors do not observe the three meters)

That would need to be questioned whether the overbuilding actually breaks the possibility. Because distances are observed or regulated due to fire protection. You would circumvent that again. And here the protection of existing rights probably applies.

No building encumbrance is registered on the property

It is not needed for compliance with distance rules. And as already said: if boundary construction is also permitted for you, then no building encumbrance is needed. What speaks against boundary construction to the north? It is just awkward to recommend something on a property if you do not know the slope. Behind the house we only see the forest. Do you have the possibility to take photos? Or are there already some from the garden?

The number of stories according to building law refers to full stories. Everything else is not mentioned at all. This attic conversion is indeed living space, but according to building law it does not count as a story.

Okay, thanks! I was looking for a colloquially simple rule. But better correct than talking past each other.

What speaks against a boundary development to the north?
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That was my first idea. But somehow I want to keep the possibility to get to the garden with equipment. To the south I definitely want to connect the monument with the house, so only the north remains as a "drive-through". There I might then build a carport, which is probably allowed in the boundary area.

It's just awkward to recommend something on a property if you don't know the slope. We only see the forest behind the house. Do you have the possibility to take photos? Or are there already some from the garden?

I don’t have photos at hand right now but I was able to find usable contour lines. Each line represents two meters. Over the length of my proposal, one story “disappears” into the slope.