Misplanning Bavaria - slope towards house and garage - instead of away

Hello RockxB2016,

the plan clearly shows that the garage is to be built on the existing ground level. If you change that, the setback areas of the garage may need to be recalculated and new sections created, and I can also imagine why the architect planned it that way, but without knowledge of further plans/information, I don't want to speculate further.

However, both the architect and the client should (have) noticed that this is not desired.

Legally, you can of course argue with the architect for a long time about who bears the additional costs for a redesign – according to your view, he planned it incorrectly, you signed it; what a judge will make of it is uncertain and will take forever.

In my opinion, you won't avoid further rework, so I would commission it – and kindly but firmly tell the architect what I think about it.

Best regards
Dirk Grafe

Thank you very much for the response! I hope this new calculation can also be done after excavation. What reasons could the architect have had? Unfortunately, as laypeople, we did not notice this. We told the architect how we wanted it (see above) and assumed that he would implement it accordingly. NOW I see it too, but unfortunately, too late. The building authority is still silent and we are waiting and waiting.

Hi, Where is the problem with the correction procedure? Are you exceeding the building regulations with the 50 cm height increase? As long as you stay within the framework of the development plan, it is just a formality and only costs a small amount of money. I believe it was 100 € for the correction in our case.

Of course, your architect will complain that changing the plans is so much work. Nonsense, he just moves the house up in AutoCAD or whatever and that's it. If it takes him more than 15 minutes, that doesn’t speak well of him...

Best regards, Andreas

That is then the second change...

As I see it, the garage is exhausted in height relative to the original terrain, although I am not fully familiar with the situation in Bavaria off the top of my head.

If the garage is set approximately 30-50 cm higher in relation to the original terrain (or the entire house, it doesn't matter), building regulations limits may be exceeded, since the reference height is – unless otherwise stated in the development plan – always the original terrain.

It is therefore possible that one has to work with easements or a reduced height of the garage; this might also apply synonymously to the house if the setback area is fully utilized elsewhere (which is very unlikely).

But nothing helps, you have to put pressure on the architect, because this cannot be resolved here in the forum. To assess this, all plans/preliminary stages and the development plan would have to be put on the table, but that goes beyond the scope here.

Best regards
Dirk Grafe

Many thanks! At the neighbor's it was no problem, see attached, by the way the same architect. Hopefully, we only need to submit a new application and everything will be fine. Thanks for now!

Yes, that will probably go through smoothly in Bavaria, it just needs to be changed.