Neighbor wants to prevent a flat roof. Exception possible according to the plan.

Hello dear forum,

I have been reading here for several months now and have a concrete concern where I would like to draw on collective wisdom.

We have purchased a building plot on a slope for a single-family house. The access to the house is on the north side and the future garden on the south side. The height difference within the building area is about 2.7 m (~1 floor). There is a development plan for the building area from 2005. Since the requirements were so strict and offered the builders little design flexibility, and therefore the plots could not be sold, the development plan was amended in 2011. Among other things, it was added that flat roofs are now exceptionally permitted:

[*
Roof types
[LIST]
[*]With a floor area ratio of 0.3, the following roof types are permitted:
[LIST]
[*]at least two-sided pitched roofs (GD), such as gable roof, staggered gable roof, hip roof
[*]one-sided pitched roofs with a roof pitch of 5-12°
[*]Flat roofs are exceptionally permitted.

[*

...
[*]Building heights measured from single-family house


[*]Eaves height: max. 3.75 m
[*]Ridge height: max. 7.25 m

Almost all building plots in the residential area are now developed. Of the existing 12 buildings, 6 have flat roofs. We also want to build with a flat roof. Now we have a neighbor who had already built before the development plan amendment. At that time, flat roofs were not allowed and not even mentioned as an exception in the development plan. Our neighbor now wants to prevent us from building our house with a flat roof. He demands that we build with a one-sided or two-sided pitched roof, just as he did back then. Due to the extremely low eaves height of 3.75 m, this is not an option for us. With a flat roof, only the compliance with the ridge height of max. 7.25 m applies.

I am particularly interested in what means are at his disposal and whether he actually has a chance to prevent the project. We are especially unsettled by this approach because the other neighbor house of our neighbor is also a house with a flat roof and our neighbor did not oppose that.

I would be very happy about your assessment.

Thanks and best regards
Michael

I am particularly interested in what means he has at his disposal and whether he actually has a chance to stop the project.

In my opinion, he has no means at his disposal. You simply submit your building application and that's it. He won't be asked, especially if you comply with all current regulations. It might look different if he has personal contacts at the office and could influence things that way. But even then, he can only delay it and not prevent you from ultimately building according to the valid development plan.

He demands that we build, just as he did back then, with a single- or double-pitched roof. Due to the extremely low eaves height of 3.75 m, this is not an option for us. For flat roofs, only the ridge height of max. 7.25 m applies.

I am particularly interested in which means are available to him and whether he actually has a chance to prevent the project. We are especially confused by this approach because the other neighboring house of our neighbor is also a house with a flat roof, and our neighbor did not object to that.

The exception to the eaves height for the flat roof I did not read out, but I would not take it as a reason to outright reject the pitched roof either. Regarding the neighboring house, it is not relevant whether he objected, but only that it was approved. That is sufficient, if in doubt, to bind discretion. That at the time an earlier version of the development plan applied belongs to civil risk in a constitutional state, he has to deal with that. However, I would recommend, on account of the disputed situation, to submit a proper building application in any case, i.e., in my opinion, a possible exemption would be too much of a risk.

Why does one voluntarily build a flat roof? I only know it as expensive and maintenance-intensive.

Why would anyone willingly build a flat roof? I only know it as expensive and maintenance-intensive.

But it's so chic! Doesn't every modern person want to live a bit like Walter Gropius and Mies van der Rohe? But that wasn't the question. :D

Hi,

Why would anyone voluntarily build a flat roof?

I asked myself that question too. But if I understood the details correctly, in this case a flat roof allows building two full stories, whereas a 5° shed roof would reduce the house to one story. And with a gable roof, the low eaves height means that the upper floor basically only consists of the roof slope. No, the desire for a flat roof does make sense here.

Regarding your question: It’s somewhat understandable that your neighbor is annoyed, but that’s his problem. Since by now half of the buildings also have flat roofs, he won’t be able to prevent it, only delay it. I suspect from a distance that it’s not really about your roof shape, but rather that with a flat roof you can apparently build significantly larger. Especially since only one floor area ratio seems to be specified.

I would file the building application quickly before he possibly initiates a change to the development plan. Maybe you can also position your house so that you stay further away from his property line than necessary. If he still makes trouble, you can threaten to move the house up to the minimal 3 m from his garden.

However, you probably won’t have a good neighborly relationship with him in the beginning...

Best regards,

Andreas