Liberation § 31 Building Code: Roof pitch, roof shape, roof structures

The point "static" or "dynamic" referencing really makes it complicated now.

Maybe. Maybe not. Better look for a draft author whom you trust to enforce your wishes or who at least shows profound knowledge and experience in formulating deviation justifications.

Do you have access to it?

Yes. You can find the old regulations on the website nrw-Baurecht of the lawyer Sebastian Veelken under Baurecht für Laien -> Öffentliches Baurecht: Häufige Fragen -> Gesetzestexte finden (Baurecht und mehr) -> last paragraph, last point: Landesbauordnung - alte Versionen You can of course also navigate backwards through the law and ordinance gazettes on the official site of the Ministry of the Interior recht.nrw.de.

I have two more thoughts on the subject:

§ 69 Bauordnung NRW provides for a binding decision by the authority for two cases:

[*]when they serve the realization of projects for saving water or energy
[*]or the creation or renewal of living space

This opens up two lines of argument for me, if I see it correctly:

A roof pitch of 45° or more is more efficient for solar thermal energy and thus falls under this case (cf. also Administrative Court Düsseldorf, 25 K 3310/11 on deviation from the ridge direction for efficiency reasons)

Possibly, one can also argue with "renewal of living space" in terms of the roof shape if a new building is supposed to have the same roof. However, this term is very vague and has only existed since 2018 through the building code amendment. I have not yet been able to find any judgments on this regulation.

According to my research, this regulation was adopted from the VdW’s statement according to the committee protocol (the reasoning in the amendment proposal is the same):

In § 69 Abs. 1 Satz 2, "or the creation or renewal of living space" could be added after "water and energy" to meet the urgent need for housing. This also privileges the creation and renewal of urgently needed housing by granting a deviation.

Do you know this regulation and know more about it?

Do you know the regulation and do you know more about it?

No.

A roof pitch of 45° and more is more efficient for solar thermal energy

I don’t believe that. However, I’m not familiar with it. Therefore, it’s not worth discussing with me.

With a new building, we would like to align ourselves with the existing development of the property and not construct a multi-family house.

Creation or renewal of living space

Sorry, I can no longer follow your argument and again refer to consulting an experienced local planner. From time to time, I am glad that I did not become an architect after all.

A building preliminary inquiry will be made in the coming weeks. Only: the more reasons one finds, the higher the chances of succeeding with an argumentation.

Regarding the ridge direction, the VG Düsseldorf, judgment dated 30.01.2012 - 25 K 3310/11, assumed that a deviation must be granted as it increases efficiency.

Now, the same argumentation regarding the roof pitch at this point should not be completely unreasonable - at least subsidiarily or additionally.