Number of stories - second full story only if it forms the attic

Thank you first of all for your feedback.

Your neighboring plots are already built on. What does it look like there?

The neighboring plots are partly (but not only) designated as urban villas, which apparently would not be compatible with the above-mentioned reason for designing the attic with a pitched roof. This was also confirmed to us by the building authority over the phone.

Now one might hope that if it was tolerated on the neighboring plots, no problems should arise for us either. But I would rather not rely on that.
In addition, the existing buildings that were constructed after the development of the building area in 2004/2005 were apparently submitted via the building notification procedure/exemption procedure. Due to the amendment to the NRW state building code, buildings that are not expected to be completed by 12/28/2017 (which would probably apply to us) may only be started with a building permit.

But before I submit a building application, I naturally want to make sure in advance as much as possible that it also meets the requirements and will be approved.

The attic is a floor, just not a full floor.

So does that mean if 3/4 of the attic has a height less than 2.3m and the upper floor has a knee wall (to be considered as an attic), the conditions from the development plan are met? That would mean, for example, a roof pitch of 32° would be no problem, right?

But before I submit a building application, I of course want to make sure in advance as much as possible that it meets the requirements and will be approved.

Your architect submits the application, and they can also file a preliminary building inquiry.

So does that mean that if 3/4 of the attic has a height less than 2.3m and the upper floor has a knee wall (to qualify as an attic), the conditions from the development plan are met? That would mean, for example, a roof pitch of 32° is no problem, right?

You don’t need to bother with the fuss about avoiding a full floor, precisely because your upper floor = attic is allowed to be a full floor.

Don’t let the quarrels here drive you crazy: You have a great plot on which your architect can come very close to what you want at least.

Whether you will get 100 or 98% of what you want to build, we will see – in any case, it is an above-average unrestricted situation.

So does that mean if 3/4 of the attic has a height less than 2.3m and the upper floor has a knee wall (to count as an attic), the conditions of the development plan are met? Then, for example, a roof pitch of 32° would not be a problem, right?

IMHO: Yes and yes. I just don’t believe that the knee wall can be arbitrarily large.

But I would rather not rely on that.

I would be very interested to see the reasons for refusal in that case. The building authority also has to review a building notification, and if the building project obviously violates the development plan, they must object or refer to §68 with the corresponding exemptions. I would also be very surprised if a person authorized to submit building documents knowingly filed a building notification for a project that does not conform to the development plan. As a neighbor, however, you have a legitimate interest in looking at the building files.

You don’t need to bother with the dithering about avoiding a full floor, precisely because your upper floor = attic is allowed to be a full floor.

On the contrary, because the answer to the OP’s question

But when is a floor considered an attic?

remains outstanding. The building type “city villa” is excluded by the development plan because the 2nd floor is not an attic. Could it already become an attic if I simply omit the ceiling to the roof structure or perhaps start the roof structure at 2.45m? I find this question very interesting and definitely worth discussing.

Don’t let yourselves be driven crazy by the bickering here

Which bickering do you mean? I find it interesting how certain impractical stipulations by some city planners make life difficult for builders, architects, and approval authorities. Why didn’t they simply define minimum and maximum eaves and ridge heights?

We have built with a flat roof and our construction method is only compatible with the development plan if our third floor is considered an attic, even though it has no slopes...

We built with a flat roof and our construction method is only compatible with the development plan if our third floor is considered an attic floor even though it has no slopes at all...

...because a roof does not necessarily have to have slopes -> flat roof. In this respect, an attic floor is not necessarily a floor under slopes, but possibly just the floor under the roof (whether flat or pitched, i.e. roof pitch).

Best regards, Yvonne

Where we would be again at attics vs open ceilings...