corumbiko
2016-05-15 23:57:15
- #1
Hello experts,
State: NRW
The following situation:
A plot of about 400 sqm on a slight slope may be built on according to §34 (like neighboring buildings), no development plan is available.
- Soil survey was conducted => soil load-bearing, foundation possible.
A larger plot was re-parceled at some point, so the mentioned plot is one of the newly created smaller parcels. Planned is a detached single-family house, dimensions 10 x 9, the building envelope is sufficient for this.
- Height survey by a surveyor and the floor plans and site plan draft already designed by the architect taking the surveyed heights into account show the fact that …
… the spot on the ground floor where the client absolutely wants the exit to the future terrace from the living room would not be suitable from a legal point of view due to the “max. 1 meter embankment” regulation!
Reason for this:
- Due to the slope, about 1 meter of embankment above the current “NATURAL” ground surface must be done for building placement according to the height requirements to be observed. The terrain newly created by this embankment would then be the future terrace.
- Due to the height difference between the right side of the building envelope (located at the border to the neighboring plot), on this – left – side of the building envelope (located centrally on the mentioned plot, so far away from plot boundaries / neighbors) the foundation would have to be built up quite high, so that another approx. 70 cm of height to the house base / floor slab, so one can say the exit door to the terrace would have to be bridged with an outside staircase.
- Since such a staircase also constitutes a structural installation and would be considered by the building authority like another embankment, the staircase may not be installed, as this would lead to a total embankment height of 1.70 meters > forbidden due to “max. 1 meter embankment” regulation.
A remedy / cure is now being sought for this, (the alternative: “a complete relocation of the exit elsewhere” is not even being considered here).
- Note: Unfortunately, there is no room for another distance area to the neighbor’s plot caused by a “1 meter” exceedance, this option is ruled out…
- So far no communication with authorities regarding the building project on the plot has been conducted, no building application has been submitted.
- Neighbors are also not aware of the described conditions / situation on the plot.
- The heights surveyed by the surveyor are therefore currently only known to the client, the surveyor and the architect. A building site plan has not yet been created by the surveyor.
Now to the actual question:
è Consideration:
Completely discard current height surveys and building planning, step back from the building project.
1. First, completely “without building intentions”… in the middle area of the plot, embank as much additional soil as needed so that the new height in this area is about 80 cm higher than before. Just leave it like that for now, do nothing else.
2. Then conduct the initial re-survey of heights and based on that have new building planning done, create site plan, submit building application.
Seen this way, the heights would now be such that on the left side of the building envelope the foundation would still have to be built quite high, however no “extra” embankment would be necessary and thus a correspondingly high staircase to the exit could be installed,
à one would still remain below “1 meter” even with the stairs.
I would like to know whether this concept has a chance of success and where possible obstacles could lie / what should be considered?
Thank you very much.
Best regards
State: NRW
The following situation:
A plot of about 400 sqm on a slight slope may be built on according to §34 (like neighboring buildings), no development plan is available.
- Soil survey was conducted => soil load-bearing, foundation possible.
A larger plot was re-parceled at some point, so the mentioned plot is one of the newly created smaller parcels. Planned is a detached single-family house, dimensions 10 x 9, the building envelope is sufficient for this.
- Height survey by a surveyor and the floor plans and site plan draft already designed by the architect taking the surveyed heights into account show the fact that …
… the spot on the ground floor where the client absolutely wants the exit to the future terrace from the living room would not be suitable from a legal point of view due to the “max. 1 meter embankment” regulation!
Reason for this:
- Due to the slope, about 1 meter of embankment above the current “NATURAL” ground surface must be done for building placement according to the height requirements to be observed. The terrain newly created by this embankment would then be the future terrace.
- Due to the height difference between the right side of the building envelope (located at the border to the neighboring plot), on this – left – side of the building envelope (located centrally on the mentioned plot, so far away from plot boundaries / neighbors) the foundation would have to be built up quite high, so that another approx. 70 cm of height to the house base / floor slab, so one can say the exit door to the terrace would have to be bridged with an outside staircase.
- Since such a staircase also constitutes a structural installation and would be considered by the building authority like another embankment, the staircase may not be installed, as this would lead to a total embankment height of 1.70 meters > forbidden due to “max. 1 meter embankment” regulation.
A remedy / cure is now being sought for this, (the alternative: “a complete relocation of the exit elsewhere” is not even being considered here).
- Note: Unfortunately, there is no room for another distance area to the neighbor’s plot caused by a “1 meter” exceedance, this option is ruled out…
- So far no communication with authorities regarding the building project on the plot has been conducted, no building application has been submitted.
- Neighbors are also not aware of the described conditions / situation on the plot.
- The heights surveyed by the surveyor are therefore currently only known to the client, the surveyor and the architect. A building site plan has not yet been created by the surveyor.
Now to the actual question:
è Consideration:
Completely discard current height surveys and building planning, step back from the building project.
1. First, completely “without building intentions”… in the middle area of the plot, embank as much additional soil as needed so that the new height in this area is about 80 cm higher than before. Just leave it like that for now, do nothing else.
2. Then conduct the initial re-survey of heights and based on that have new building planning done, create site plan, submit building application.
Seen this way, the heights would now be such that on the left side of the building envelope the foundation would still have to be built quite high, however no “extra” embankment would be necessary and thus a correspondingly high staircase to the exit could be installed,
à one would still remain below “1 meter” even with the stairs.
I would like to know whether this concept has a chance of success and where possible obstacles could lie / what should be considered?
Thank you very much.
Best regards