Does a cold winter garden count towards the floor area calculation?

Hello,

we built according to the approval exemption procedure.
Our construction company referred to the planned cold conservatory as a conservatory in the application.

Now an additional assessment notice has arrived, in which the "conservatory" was included in the floor area calculation. According to the conservatory builder, however, the cold conservatory falls into the category of terrace roof, so it should actually not be included.

Does anyone have experience with this?

Best regards,
Daniel

Where is the problem? Who wants what from you? Is the permissible floor space index exceeded?

I see an unheated conservatory from a building law perspective as a greenhouse, so it is not counted towards the floor area and possibly counted towards the footprint (depending on the applicable land use ordinance).

Hello Daniel,
You wrote it yourself, how it is

Greetings

Where is the problem? Who wants what from you? Is the allowable floor area ratio exceeded?

I see an unheated conservatory from a building law perspective as a greenhouse, so it is not counted towards the floor area and possibly counted towards the site area (depending on the applicable land use ordinance).

It is stated in the purchase contract that the development contributions are included up to a maximum floor area ratio of 0.25; beyond that, additional payments must be made. We were also aware of that.

We have now only received a bill from the water utility association, which requires additional payment for 100 sqm. However, 20 sqm should actually be deducted from that, as the conservatory is listed with 20 sqm in the floor area statement.

How do I best clarify this now? Should I call the water utility association or the building authority? The "conservatory" will not be executed.

I would call the water utility association. They will tell you where their numbers come from. If they come from the building authority, which would surprise me, because your calculation without the conservatory should be available there, you can still call there.

I believe the problem was with us, as the construction company also listed it that way in the construction plans. The conservatory is also listed there. Can this still be changed now? Since the conservatory, as drawn, will not be executed