Hello everyone,
thank you very much for your answers and assessments. In fact, you are right in many of your assessments.
I did not read out the exception from the eaves height for the flat roof, but I would not take it as a reason to outright reject the pitched roof. Regarding the neighboring house, it is not relevant whether he took action against it, but only that it was approved. That is sufficient in case of doubt for the binding of discretion. That at the time a previous version of the development plan was still in effect is part of the citizen's risk in a constitutional state; he has to bear that. However, I would recommend, given the disputed situation, to submit a proper building application in any case, i.e. an occasional exemption would be, in my opinion, too much of a risk.
We received the information regarding the ridge height of the flat roof from the head of the building authority.
[...]
Regarding the question: That your neighbor is upset can be somewhat understood, but that is his bad luck. Since by now half of the buildings also have flat roofs, he will not be able to prevent that, but he can delay it. I suspect from a distance that it is not really about your roof shape, but rather that you apparently can build significantly larger with the flat roof. Especially since apparently only a floor area ratio is specified.
I would submit the building application very 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 boundary than necessary. If he still causes trouble, you can threaten to push the house up to the minimal 3 m to his garden.
However, you will initially not have a good neighborhood with this person...
Best regards,
Andreas
I would agree with your suspicion. The building application has already been submitted.
Hm he just won't like it if his
small house then stands between 2 such giants, right??? Can you have a conversation with him or is that already off the table?
That will probably be the case. Although the street also has a slight incline and we have a lower reference single-family house than he does, so our house may no longer actually be taller than his house in terms of height comparison. We have had the conversation twice. The first time we wanted to get a basic "go" for the flat roof. We got that as well. We listened to their concerns and then made specific changes to the design. For example, our houses now lie 12 and not 9 meters apart.
submit the building application and that's that
Done. :-)