Eaves height definition not in the development plan

  • Erstellt am 2019-03-24 07:58:25

Mojos

2019-03-24 07:58:25
  • #1
Hello dear ones,

we are currently preparing the kickoff for our house construction project. In this, it is indicated whether the construction project complies with the development plan. Now we have the problem that a maximum eaves height of 4 meters is prescribed. This is to be measured from street level or the upper edge of the curb. In the drawings from the construction company, I cannot clearly see where the eaves point is. There is an indication that could fit, but at 4.29m. The eaves height is not further defined in the development plan, but according to the internet, there seem to be several interpretations. The terrain slopes slightly downward from the property towards us, but nothing has been surveyed yet. Now we are wondering whether one should trust this "slope" so that we come under 4 meters after all, or whether the measurements in the drawing might not actually indicate the correct eaves height? I am attaching the drawing for you. The municipality has also already said that exceeding the eaves height will not be approved. In principle, one could "bury" the house a little more to comply with the height. Of course, one can submit the application and hope that it will still be approved; if it is rejected, one probably has to pay again for a new review of the corrected building application, right?

Thanks for your help
Best regards
Mojo
 

Escroda

2019-03-24 10:15:02
  • #2
Yes, the intersection of the exterior wall with the roof covering is usually the point referred to as the eaves point. Since there is no definition of the eaves either in federal or state law, the development plan must explain the term. If that is actually the case, which I have not seen in newer development plans, the specification would be invalid, possibly even the entire development plan. Now, a ground floor floor height below street level is suboptimal because you want to lead the water away from the house. Possible, but not entirely unproblematic. Then the drawing probably comes from a catalog. A prerequisite for proper planning is a site plan with exact boundary lengths and heights. No. But the planner should come up with better ideas, e.g., flatter knee wall, steeper roof pitch. The staff only sleep that deeply in Cologne on Ash Wednesday. But millions also hope for 6 correct numbers in the lottery. Yes. If you stick to the development plan requirements, you could build without approval according to §62. Invest rather in a well-thought-out plan than mess around and waste a year due to approval disputes.
 

Mojos

2019-03-24 12:58:12
  • #3
Thank you very much for the detailed response. I have read through the development plan again in its entirety; there really is no definition. I will follow up with the municipality tomorrow. Our consultant from the construction company is not yet aware of the issue, but he will be on vacation throughout April, and we had hoped to have the kickoff beforehand. However, we will rather take the time to organize the site plans and clarify everything properly. We are not playing the lottery, after all. It will probably come down to us having to accept a lower knee wall. A shame.
 

Escroda

2019-03-24 19:42:49
  • #4
Yes. Please report what they say about it. As mentioned, there are rulings that declared at least the insufficiently precise determinations ineffective. If the eave height is part of the main principles of the planning, which may be inferred from the justification of the development plan, the entire development plan would be null and void. In the other case, in my opinion, a waiver request pursuant to §31 (2) 2. of the Building Code should not be rejected. I also don't think it's such a big deal that a dispute with the municipality would be worthwhile. However, you should discuss and evaluate the alternatives thoroughly with the planner. For a broader discussion, you can also disclose your plans and the development plan here in the forum.
 

MissMojo

2019-03-25 21:28:45
  • #5
So, today I went to the municipality. They really couldn't help us further. The lady of course understood where our problem lies, but did not know why this definition is missing or what it should look like for the [B.Plan]. She will inquire and get back to us. She also mentioned that several buyers of the plots have already backed out due to the low eaves height... We are quite surprised that none of them asked how the eaves height is defined, especially since their construction companies must know that too.
 

Mottenhausen

2019-03-26 00:05:37
  • #6
I would first wait for the land survey. Maybe the slope is sufficient. How far is the house from the street?

Are other roof shapes/roof pitches possibly permitted?
 

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