Extension and construction

Hello, we live in a "new development area" which has emerged over the last 12 years and was fully built up about 5 years ago.
There are about 90% single-family houses and semi-detached houses here, which were built in the form of a ground floor + gable roof with a maximum of 45 degrees. Besides that, a few outliers, 1 urban villa and one semi-detached house with 2 full floors and a flat roof, max. 22 degrees roof pitch.
Now a neighbor intends to add a floor and extend his single-family house (ground floor + gable roof):
+ one full floor
+ on top a attic with a roof pitch about 4 degrees steeper
+ dormer on one longitudinal side of the roof 5 x 2.80
+ conservatory on the other longitudinal side on the ground floor + 1st full floor + attic (dormer-like), the conservatory should have a footprint of about 19 sqm
+ external staircase

Actually, this results in almost 3 full floors (due to the huge dormer and the conservatory) and it becomes huge.
So in the future, one will look into our garden from almost 9 m height.

According to the neighbor’s statement everything is planned according to the development plan and fully utilized up to the last detail. This of course raises questions. Since our building authority is unmanned this week and they want a signature from us, here is the question:
Are dormers and conservatories of this size considered subordinate? Are they taken into account in setback areas and façade height?
The façade height is only 6 m and is utilized with 2 full floors, but now there is this floor-to-ceiling dormer with almost 15 sqm on the one hand and the conservatory, floor-to-ceiling with 19 sqm on the other. Is this disregarded?

This house would stand out from the entire development area, is it to be assumed that the built environment will be disregarded when complying with the development plan or could it be that it "does not fit into the surroundings"?

Thank you.
Zsusi

Good morning,

Now a neighbor intends to add a story and extend his single-family house (ground floor + pitched roof):
+ one full floor
+ attic with a roof pitch about 4 degrees steeper
+ dormer on one long side of the roof 5 x 2.80
+ conservatory on the other long side on the ground floor + 1st full floor + attic (dormer-like), the conservatory should have a footprint of around 19 sqm
+ external staircase

Actually, this results in (due to the huge dormer and conservatory) almost 3 full floors and it will be huge.

No, it would then be 2 full floors plus attic.

Since our building authority is unmanned this week and they want a signature from us,

He will probably need your signature because of the undershooting of the setback distances regarding the dormer + conservatory; possibly also because the conservatory is masonry.

This house would stand out from the entire building area, is it to be assumed with compliance with the development plan that the built environment is disregarded or could it be that it "does not fit into the surroundings."

Your questions are pointless and therefore lead to no goal. If the neighbor stays within the development plan and you give him the required signature regarding the setback areas, you have no grounds to prevent his construction project. The building authority will - due to the unrestrained litigiousness of its clientele - avoid granting approval if objections are to be expected.

If you do not like the prospect that your neighbor can look onto your property via the upper floor, you should address it openly and not look for or cite building law regulations instead. Among neighbors, a conversation should always be possible and remain possible!

Rhenish regards

Who wants a signature from you? The neighbor? I definitely wouldn't give one without at least consulting with the building authority. Please study the development plan and your state building code thoroughly yourself. Depending on how important the matter is to you, also contact a lawyer specializing in construction law. Authorities can also be wrong; development plans and building codes are – as the neighbor proves – partly a matter of interpretation. You simply have to stand your ground. Do NOT sign anything hastily. Put everything in writing; oral agreements are worthless.

Hello,

.... Depending on how important the matter is to you, also contact a lawyer in the field of construction law ...

I think your suggestion to inquire at the building authority is quite right. But did it have to be the heavy artillery with a lawyer? No wonder the ladies & gentlemen of this profession have so much to do if everyone immediately cries out for a lawyer

Rhenish greetings

I actually find your advice to get information from the building authority quite reasonable. But did it have to be the big stick with a lawyer?

Always stay calm.
"Contacting a lawyer" is still miles away from a lawsuit and the big stick. The lawyer can inform you about the legal situation and point out possible courses of action that a layperson cannot recognize at all. He can advise you to rather rely on a conversational solution because your own legal position is weak, or he can advise you to give the neighbor a hint about their weak legal position in a friendly conversation. Both are helpful.

And as you yourself write above:

The building authority will - due to its clients' unrestrained litigiousness - refrain from granting approval if objections are to be expected

A polite letter from the lawyer to the building authority may possibly help. Just puffing yourself up. Of course, only after you have properly made an appearance there.

oh thank you for the quick responses.
Yes, we dislike that from this height there is complete view into our garden.

But my question was actually: do the dormers have to be taken into account in the distance area calculation?
My neighbor says no, because they are subordinate, but we could not find any indication up to what size this applies? From when (or not at all) are they included in the calculation of the facade height and the distance area - or is it irrelevant?

That is what interests us ... my neighbor does not care if we like it or not, he says: "everything within the framework of the development plan", we are simply not sure and do not want to sign anything without consulting the building authority, especially since one can no longer withdraw this once the building project is submitted there.