necessary staircase

The question about the 3rd escape route is valid - there isn't even a 2nd escape route! Our staircase represents the only escape route. The vertical window in the attic has an area of about 1 sqm. Next to it, there are two more Velux windows. The usable area in the attic was determined by the building authority. I cannot say what further information the carpenter received. In any case, the construction management was informed about it.

Thank you for the renewed explanation! Unfortunately, I have no more time now; I will come back to the topic later or tomorrow. But I am sure that Will will have gotten in touch long before then.

Rhenish greetings from on the road

I would first clarify what is meant by "Nutzfläche." If it is not living space, then it is also not a habitable room and does not require a necessary staircase. Nutzfläche, on the other hand, is somewhat vaguely defined. But what is currently confusing me a bit: we also recently bought a staircase and in the contract the shape, height, width, and other attributes of the staircase were described in detail beforehand, checked by us, and then signed. Was there no drawing that you had to sign? That is actually the usual practice. For example, I personally would not sign a contract without measurements. You usually agree on all points very precisely beforehand, right? After all, there is also a huge price difference depending on how steep, wide, and deep the staircase/steps are? If the construction manager is responsible for the contract, then I would address it with him, the carpenter cannot be blamed for it.

The carpenter’s tender usually also includes an exact = unambiguous description of the stair position: material, rise proportions, running width, installation situation, reference to DIN standards and technical regulations, etc. The carpenter only delivers what has been agreed upon. It is not reasonable to expect the carpenter to distill from the client’s lyrical descriptions and self-study of the regional building code what actually should be his service. However, if he does not point out this deficiency when accepting the order and does not request clear information from the client, he bears partial responsibility. If the service description is therefore not clear, the failure lies 50% with the client and 50% with the contractor, who should have asked more precise questions.

This is my personal opinion and not legal advice.

Furthermore, it depends on whether “habitable rooms” in the attic are permitted and approved according to §48 of the regional building code NW, also with regard to the floor area ratio/floor space index. “Habitable rooms” are subject to requirements regarding lighting, ventilation, standing height, and access. These also refer to requirements for stair design. If these “habitable rooms” in the attic are not officially registered in the building application but only ancillary rooms in the sense of the usable areas belonging to an apartment, the requirements for stair design do not apply either.

If there officially are “habitable rooms in the attic,” a second escape route must also be present, at least in the form of a roof exit. If the top floor finished floor edge in the attic is higher than 7.00 m above the ground surface (building class 3 and higher), a locked stairwell may also be required.

In §36 (2) of the regional building code NW it also states, “…retractable stairs and ladders are permitted as access to an attic without habitable rooms in buildings of low height, …”

How do you see the legal situation?

Difficult and I cannot contribute anything to the solution. But why the hell does one leave the choice of the staircase width to the carpenter?? Why doesn’t one formulate a clear order stating what one wants? And why doesn’t the carpenter ask? If I were the wise judge, I would kick you both out (you are lucky ... ). Or am I completely misunderstanding the first post here?

Good evening,

The question about the 3rd escape route is good – there isn’t even a 2nd escape route!
Our staircase represents the only escape route.

1st escape route: Staircase from the ground floor to the upper floor
2nd escape route: 1 window, with a minimum opening of 0.90 m x 1.20 m and positioned no higher than 1.20 m above the finished floor level. Both in the upper floor and attic.
3rd escape route: Staircase from the upper floor to the attic

The vertical window in the attic has about 1 sqm area. Next to it there are two Velux windows.

Since the vertical window with 1.00 sqm is too small, at least one of the Velux windows must meet the requirements of the NRW building regulations regarding an escape window. Here I wouldn’t try to cheat either; if the building authority finds out by chance, you will have to rebuild!

Will has already mentioned the state building regulations/site coverage ratio/floor area ratio; if the building authority _only_ designated the attic as usable space and did _not_ complain about the missing escape route, I assume that you were not allowed to create habitable rooms in the attic.

This does not solve your problem with the carpenter; here I maintain that the carpenter most likely delivered correctly. The construction management is rather less involved here, you signed the contract.

Rhenish regards