Problem with building line

Hello everyone,

unfortunately, we currently have the problem that the city does not want to approve our building request because our building with a gable roof does not stand completely on the building line to the street/path.

Our house is planned so that we build the lower floor completely on the building line, but the upper floor with the roof is set back about 1.5 meters to the rear. So, we would have a small flat roof at the front. In the legal texts, it is only defined everywhere that construction must be on the building line, but nothing further is specified. I have seen in some development plans that it is explicitly stated there that the entire building should stand on this line, but this is not included in ours. Ultimately, besides our neighbor on the right, there is no other house in the row.

According to the architects, they have always received approval for this so far and feel that they are dealing with a building obstruction authority. However, we actually do not want the suggested alternative because we like the original plan very much. We just don’t know what to do at the moment. This is mentioned in a commentary on the law on which the city relies, but is that then the law?

Has anyone had this problem before? The construction method is of course quite special, and we suspect that it was not intended at all and is therefore simply being blocked. Does it make sense to try to oppose this?

Thank you very much in advance.

Regards Sascha

The office is stubborn and most of the time the builder loses.

If they justify it by saying that the upper floor must follow the building line, the ground floor simply moves 1.5m forward :-)

Then the ground floor would no longer be in line ;-)

You see ;) if you communicate directly with the person responsible at the [Bauamt], you might be lucky.

It is always nice when you can defeat the authorities with their own arguments :)

Nevertheless, I have to wonder: here, all the permits are supposed to be approved because asylum policy is putting too much strain on the building authority.