Hello,
I also found a court ruling which essentially states that the eaves height is not defined anywhere by law.
I assume you mean the OVG NRW ruling from 03.05.10? If that is the case, the commentary on the ruling refers to the lack of specification of the eaves height in the development plan. Therefore it states:
**"
The term eaves height is not defined in the development plan and is also not determined by law. It therefore requires interpretation. According to this, eaves height is understood as the distance between the natural or otherwise bindingly established ground surface and the cutting edge of the rising masonry with the outer surface of the roof covering. This means the height of the roof connection. It is not to be based on any arbitrary intersection of a roof with the outside of the rising masonry. Rather, it is to be based on the lower edge of the relevant outer roof surface, from which - in the case of pitched roofs - the rainwater drips off."
PS: I do not consider the last sentence to be particularly well formulated.
What is correct, on the other hand, is that in the vast majority of development plans there are specifications on maximum eaves or ridge heights. In the cases where a design manual is issued (imho only for municipally sold plots, i.e. new development areas), the calculation method for the eaves or ridge can be found.
I just looked up one of the latest development plans (Kerpen) we had to observe. Under the point "measure of structural use" there is also no calculation method, but only the numerical repetition of the maximum values. In the related textual provisions it merely states:
[*]The eaves or ridge heights are set relative to a reference point.
Note: The respective plot-related reference points are named in a height register, which is a binding part of this development plan. The reference height is in each case the final construction height of the access road set for each plot.
That already contradicts the statement from Bauexperte that it is the same nationwide.
From the evaluation of construction documents I come to this conclusion; I have examined all federal states so far. In all documents made available to me regarding the plot, nearly the same wording is found, that the eaves are to be understood as the virtual intersection of the rising masonry with the outer surface of the roof covering.
There are exceptions in that the prescribed eaves must be observed on the street side, but a higher knee wall can be formed at the rear. However, I have only encountered this in cases where construction was possible under § 34.
Regarding the example posted by Yvonne, I still think that both eaves sides are identical in height; the mix of facing brick and plaster can, however, be misleading. Clarity would probably only be provided by a picture of the opposite gable side, since the stepped down roof on that side was designed open towards the front.
**Quote from the commentary on the ruling Az.: 7 A 1942//08 OVG NRW
Rhenish greetings