Distance area Bavarian Building Code 01.02.2021

Hello,

we have submitted a building application for a house with a hipped roof. The district office now says that we do not comply with the setback distances according to the new Bavarian Building Code because we have to include the entire gable height.

Our architect's calculation is (wall height + roof height/3) * 0.4. The district office says (wall height + roof height) * 0.4.

How can a technical examiner at the district office (who is also an architect) interpret the legal text of the new building code this way? My interpretation is: 1. A hipped roof has no gable wall 2. The law does not mention gable side or anything similar 3. The law clearly states wall height and starting from the roof covering, the roof is counted at one third if less than 70°.

Am I overlooking something?

Article 6 (4) 1The depth of the setback area is determined by the wall height; it is measured perpendicular to the wall. 2Wall height is the measurement from the ground surface to the intersection of the wall with the roof covering or to the upper end of the wall. 3The height of roofs with a pitch of up to and including 70 degrees is added at one third of the wall height, of roofs with a pitch of more than 70 degrees fully to the wall height. 4Sentences 1 to 3 apply correspondingly to roof structures. 5The resulting dimension is H.

Further information: Municipality <250,000 inhabitants no statute Roof pitch well below 70° both at the hip and at the rest of the roof

Thank you very much!

The district office now says

Since my question in the cross-post was not answered, here it is again: Is there a development plan? And because it's so nice, I’ll add a few more: Has the responsible caseworker returned from vacation or is it still only about concerns regarding the "corrected" calculation in the neighbor’s building application? Has your building application already been submitted?

Since my question in the crosspost was not answered, here it is again: Is there a development plan? And because it's so nice, I'll add some more: Has the responsible officer returned from vacation or is it still just concerns about the "corrected" calculation in the neighbor's building application? Has your building application already been submitted?

There is no development plan. The building application has been submitted and yes, the officer is available and insists that he is right. I have also contacted the higher authority of the LRA and hope for understanding here. I don't understand how this can be interpreted that way.

I read in the legal commentary as a summary that the height of the gable surfaces is no longer to be calculated at 1/3, but in full as the wall surfaces in their actual form. Seems pretty clear, doesn’t it?

Don't understand how one can interpret it that way.

Me neither.
Since your architect and all other building experts feel the same way, the only option is to wait for the written rejection and to certify the incompetence of the caseworker through superiors or, in the worst case, through a court ruling.

that the height of the gable surfaces is no longer to be calculated at 1/3, but rather in full extent of the wall surfaces in their actual form.

Yes, but a hip roof has no gable surfaces.
What does the caseworker say about that?

I don’t either. Since your architect and all other construction experts feel the same way, the only option is to wait for the written rejection and to certify the incapacity of the caseworker through superiors or, in the worst case, by court ruling. Yes, but a hipped roof has no gable surfaces. What does the caseworker say about that?

I just asked our construction lawyer in the office – he just rolled his eyes and expects a revision of the wording soon, as it apparently leads to different interpretations everywhere. A clear statement cannot be made this way.