Floor area ratio / plot ratio in the development plan of 1968

Hello dear community,

quick question, we are planning to build a new house on our property (old house already demolished), for which, according to official information, the last legally binding development plan dates back to 1968.
Our property is 976m2 in size and the development plan specifies a floor area ratio of 0.2 and a floor space index of 0.3. Furthermore, 1 1/2 storey, open construction. There are no specifications regarding eaves height, ridge height or similar. The only stipulation is the building line at 5m measured from the street.
After discussions with various planners, there is uncertainty about which areas must be used for the calculation.
We are planning a house with a footprint of approx. 130m2. Terrace, garage, and paths would be added on top of that.
After some research, I believe that the [Baunutzungsverordnung] from 1962 applies. Is my assumption correct that terraces etc. are not included in the calculation according to the [Baunutzungsverordnung]? At least that is what I found in a planning aid from the City of Frankfurt (even though our building project is in Hannover..).
Thanks in advance.

Footprint of approx. 130m2.

Honestly, I don't know what you want to ask now. Your post does not contain a question mark.
You are allowed to build a footprint of approx. 195sqm. So: where is your problem?

Also 1 1/2 storeys,

Does not exist. May be your own interpretation, but it does not appear in official language.

Terrace, garage and paths would be added then.

No.

Is my assumption correct that, according to the Baunutzungsverordnung, terraces etc. are not included in the calculation?

Yes.

even if our construction project is located in Hannover..

... you can use the planning aid since it is federal law. Only in the points where the planning law (Baugesetzbuch and Baunutzungsverordnung) refers to building regulations law, e.g. with the definition of a full floor, do you have to replace HBO with the Lower Saxony Building Code. Moreover, Hesse still assumes a dynamic reference, i.e. they want the current HBO to be applied, while the case law in other federal states has clearly established the static application, e.g. the definition of a full floor at the time the development plan came into force.

Hello ypg, The question in the end was whether my interpretation regarding the areas to be added was correct. There was also the question mark. Of course you are right, the development plan requires 1 full floor. I only wrote 1 1/2 because the house we demolished was 1 1/2 stories. Maybe I was not entirely clear with the description. So the footprint of the house can be a maximum of 11x12m, so that a) the setback areas on the left and right and b) the building envelope with 12m depth are adhered to. The plot is only 17m wide. Although the land use ordinance allows a slight exceeding of the building envelope, our planners then assume that a building application will result from the building notification... That can take 3-6 months longer in Hannover. Due to the building line at 5m, quite a few areas for garage, access path, terraces would be added. Since the garage is attached to the rear part of the house and extends 9m to the back (so about 7m beyond the building envelope), the driveway alone results in approx. 50m2, plus garage approx. 40m2, plus terrace approx. 50m2, and so on. Ergo an area well over 300m2 built-up area. I also read in the land use ordinance from 1962 that for determining the plot ratio, the portion of the plot between the street and the building line is not taken into account. This means that mathematically I can only assume 0.2 based on approx. 900m2. The uncertainty was now based on how the terrace is to be evaluated. According to newer land use ordinances, it is considered part of the main building and is therefore included. However, as I read in Escroda's contribution, my interpretation was correct. That helps me a lot in the next discussions. I will enlighten my architect about this tomorrow. Thanks for the answers and have a nice Sunday.

that the portion of the property between the street and the building line is not taken into account when determining the floor area ratio.

Where is that stated? "Baufluchtlinie" is by the way a term from the time before the Federal Building Code and the Land Utilization Ordinance, so I am surprised that you use this term. Perhaps the applicable planning law should be examined more closely again.

Hi Escroda,

§19; 3

(3) For the determination of the permissible floor area, the area of the building plot that lies within the building land and behind the street boundary line specified in the development plan is decisive. If no street boundary line has been established, the area of the building plot that lies behind the actual street boundary or that is specified in the development plan as decisive for determining the permissible floor area shall be decisive.

ok, here it means street boundary line.

regards