Exemption order rejected - without reason?

Hello dear all,

I have a question regarding the further procedure. Our new building is fully planned and according to the architect completely in accordance with the development plan and everything is fine. We have signed all documents and applied for an exemption from approval (§ 67 Bauordnung NRW) at the municipality.

Now the caseworker writes to me just five days after receiving the application that he "considers a building permit procedure necessary for the project in the submitted planning." The only reason given is "In my opinion, the planned project is not single-storey. The basement is planned as a full storey."

Now to my questions:
1. Is that reason sufficient? Shouldn't he specify exactly what makes it a full storey for him?
2. What is the further procedure in such a case? Can I contact him and ask? Or should the architect do that himself?
3. Has anyone ever had such a case and can share experiences?

Of course, we would like to avoid the building permit procedure and according to the architect all guidelines for a single-storey building have been observed. I have also read the Bauordnung NRW and was able to understand everything. Do we still have a chance or do you think we should just submit a building application immediately to avoid losing more time?

Thanks in advance for your help.

Best regards

Hello,
let the professional handle it (your architect)

Hello,

1. Is that reason enough? Doesn't he have to specify exactly what constitutes a full storey for him?

No, why? The definition of a full storey is specified in the building regulations of NRW; also from when a basement counts as a full storey.

2. What is the further procedure in such a case? Can I contact him and ask? Or should the architect do that himself?

You consciously decided to work with an architect. Then let him clarify that as well, because he deals with the building planning office clerk on equal terms; you as a layperson rather not.

Rhenish regards

Hello,

That's right, in the building regulations of NRW it is precisely regulated and in the documents it is also exactly calculated that it does NOT constitute a full storey according to the building regulations of NRW. Everything is also pre-calculated and drawn in. And the caseworker simply writes "it is a full storey" but does not say where the mistake lies. So, what's actually miscalculated or whatever.... Really stupid...

When you posted your plans, I also wondered how you would maintain the single-storey status when you enter the hallway at ground level in the basement; but I do not know the elevation of the property either, so I did not write anything about it. Maybe the caseworker stumbled over that, had a bad day, lousy sex... whatever

Let your architect clarify the matter, even if he might currently still be on vacation. One week more or less certainly doesn't matter.

Rhenish greetings

That is correct and also tight according to the calculations. We do not want to deny that either. The ceiling top edge of the basement floor is on average 1.59m above the ground surface. According to the NRW building code, above 1.60m counts as a full floor. But we still have the option to pile up soil on one side further, and then the value will improve there as well. But you have to know that. Actually, it is already calculated so that it fits.

However, I also reached the architect earlier. He wants to call now and speak with the caseworker. I am curious. The architect sounded quite amused on the phone because the responsible municipality in this area is apparently known for first shouting "No." As our future neighbor nicely said: "The authorities have to maintain their raison d'être." But please not in our case....

Hello Kisska,

the issue with the backfilling can cause problems if it is intended to conceal a full floor. Just for your information, but your AR should also know that.

Best regards
Dirk Grafe