Yes! That’s exactly how it is when two halves are 100% underground and two halves are 100% above ground with a standard story height. Of course, it also depends on the federal state, from which point the measurement is taken, and how high the hillside floor actually is. But generally speaking, you described the typical basement with an average of 140cm in your neighbors’ case, which, with your described data and general assumptions, is not considered a full floor. However, that is something different than having more than 2/3 or 3/4 visible on average as in your case. Something like that is calculated and obviously cannot be determined by sight.
But when quoting you cut off the second part about east and west sides: Only one side is completely underground. Two are completely above ground and one is half above and half underground. With a normal story height, you don’t get an average of 140cm.
No. Then they would allow a three-story building. A hillside floor will very likely be the one that is allowed to protrude 140cm on average. I personally even doubt that living rooms are allowed at all in a hillside floor! But let’s not assume the worst now.
The neighbors definitely have living rooms (and partly even a granny flat) in the hillside floor. I’d be surprised if they’re all doing that illegally.
No, it is calculated. It’s not “sometimes yes” or “sometimes no.” A full floor is subject to a fixed definition (depending on the state building code). Attics are not mentioned because only full floors are specified. Accordingly, the roof must be constructed so that it is not a full floor. Or, if specified in the development plan, for example, 2 stories plus attic are allowed. But even then, it must not be calculated as a full floor.
And that is very likely how it will be with the slope: 2 stories plus a hillside floor, which must not be a full floor.
What I wanted to say: In many of the development plans I have looked at in recent months and years during my property search, it was often the case that the attic could be built so that it counts as a full floor under building law. Nevertheless, the development plan almost always stated II+DG (second floor + attic) or I+DG (first floor + attic). Sometimes there was also a separate note somewhere saying “attics may be full floors,” but not always.
So not every floor that counts as a full floor legally is also included in the number of full floors in the development plan.
A basement can legally be a full floor. That is correct. But legally, there is no such thing as a hillside floor.
Exactly, and that’s why a hillside floor is not allowed to be a full floor?
A stated wall height of for example 9.30m does not mean that 3 stories are allowed or that 9.30m of wall may be visible. You are allowed to build into the slope. You are also allowed to build a hillside floor. But with very high probability, it may not be a full floor.
You interpret things as you wish.
Just post the development plan here.
Then look here:
https://www.hausbau-forum.de/threads/bebauungsplan-vom-architekt-nicht-eingehalten-konsequenz.33978/
And here, with the example of Pfaffenhofen, what they mean by specifying 2 stories + hillside floor. It shows very nicely what a hillside property must or may do, namely, only partially (half / 140cm on average) protrude.
[ATTACH alt="337DF587-2344-4D50-8F78-B8CD77E64666.jpeg"]76576[/ATTACH]
Then I’ll pose a rather provocative counter-question: Can I even build the hillside floor so that it is not a full floor?
The floor height is specified in the development plan. So I cannot go deeper into the ground with the hillside floor. The development plan does not require filling, but shows the natural terrain. Filling up to a maximum of 2m would be permitted.
The full floor definition here in Bavaria is: Basement floors whose underside of the ceiling is on average at least 1.20 m above the natural or designated ground surface count as full floors.
That means, for the hillside floor not to be a full floor with natural terrain, I would have to build a crawl space with a clear height of approx. 1.6m - 1.7m max.
With “standing height” in the hillside floor, the only way to avoid the hillside floor becoming a full floor would be to raise the terrain. If that also counts as “designated ground surface”?
And the possible filling is limited by the development plan. With the maximum possible 2m filling, most of the south side would be underground. Due to setback and slope angle requirements, however, the first 4-5m at the boundary would not be underground either.
I cannot fill on the north side; otherwise, I wouldn’t be able to access my garage and entrance. Also, due to setback for slopes and slope angles (besides garage, entrance, driveway), it would only be minimally possible. On the east side, I cannot fill due to mandatory boundary development; here, the terrain height is determined by the neighboring property. On the west side, I need a slope from the south side height to the north side height. Roughly calculating, the clear room height in the hillside floor must not be higher than 2.1m - 2.2m, otherwise, the hillside floor would again be a full floor. Also, the fillings would then be higher than the terrain at the boundary. I would have an earth mound on the property in which the hillside floor is embedded.
For already built properties, it would not be different, but none of them have an obviously lower room height in the hillside floor. Do you think they all violate the development plan?
Regarding the example plan: Yes, with a maximum story height of 2.8m, the hillside floors would not be full floors according to the 1.4m rule you mentioned. Does the 1.4m apply in Baden-Württemberg? North Rhine-Westphalia?
In Bavaria, the 1.2m rule applies. Therefore, with normal clear room height (strictly from 2.4m) the hillside floors in the drawing would be full floors. If I look at the height indications, the drawn story height is actually 3m or?
And very importantly: I would definitely call your local authority and ask what a hillside floor is exactly or how they mean what you are allowed to build.
Just a reminder: I don’t care one bit, and I have no disadvantage whether you build or not. But personally, I would find it too risky to plan based on my vague understanding. Because everything indicates that you are operating on false assumptions here, even if you are very stingy with information here.
Don’t worry, I will do that. But I can hardly imagine that they will say I can only build a crawl space as a hillside floor or that I have to build an earth mound on the property to hide the hillside floor.