Roof structure on conservatory construction - legal question

Hello,

first of all, thank you very much for the service here. This is really a great thing!

Now to our little problem. We are currently building a semi-detached house according to the approval-free procedure. Each house (each with two residential units) will have a conservatory made of wooden construction (4m x 3m), which belongs to the ground floor apartment. The apartment above (1st floor + 2nd floor) is supposed to use the roof of the conservatory construction later as a roof terrace. Our architect has now pointed out to us that the installation of a railing after moving in (2-4 months later) would be permitted, so that a roof terrace for the second residential unit would be usable. He referred to Appendix 2 of the [Hessian Building Code], which apparently allows the flat roof construction to be converted into a terrace afterward.

Can you tell me if this is correct? The conservatory construction does not require approval, as it was also approved through the approval-free procedure.

Best regards and many thanks

bvbole

The apartment above (1st floor + 2nd floor) is intended to use the roof of the conservatory construction later as a roof terrace.

Why only later?

The conservatory construction does not require approval, as it was also approved through the approval-free procedure.

The exemption from approval is not a procedure within the meaning of the HBO. Therefore, nothing is approved by it either. The authorities are out of the picture; they do not inspect, they do not approve, they do not take responsibility. Rather, the architect assumes full responsibility for ensuring that all regulations are complied with. If he now suggests installing the railing only later, I would suspect that something is wrong. In any case, he shifts the responsibility onto the unsuspecting client, as the terrace apparently does not appear in his building documents.

To assess whether this is actually a building approval-free project according to §55 or §56 HBO, all details of the construction project and development plan would have to be known. IMHO, the change should be reported to the municipality and a structural calculation should also be provided.

Anyone who considers the risk of possibly illegal use too high should seek a discussion with the approval authority.

First of all, thank you very much for the contribution!

On the exterior view of the two houses, only the conservatory can be seen, but not a railing. In yesterday's conversation, the architect said that we are allowed to install the railing afterwards. I assume it was arranged this way because we would have had to go through a building permit procedure for the terrace on the conservatory construction, but we wanted to start construction as soon as possible. I am attaching two pictures to this post showing the exterior view of one house. The other house will be built exactly the same.

In yesterday's conversation, the architect also said that the structural analysis is necessary anyway when a flat roof is installed on a conservatory construction. In this case, the structural engineer also calculates the walkability, so that a terrace can also be created.

I have now looked at the development plan, but unfortunately found nothing on this specific topic. We currently have a floor-area ratio of 0.35 (0.4 is allowed) and a plot ratio well below 0.8 (0.8 is allowed; only the architect knows our exact value).

Where should I look in the development plan?

Thank you very much!

I don’t know if the architect is right. Maybe the roof terrace does not require approval. However, this

In yesterday’s conversation, the architect said that we are allowed to install the railing afterwards. I assume this was arranged because, with the terrace on the conservatory structure, we would have had to go through a building permit procedure

is a contradiction. If you intended from the beginning to build a roof terrace, then there is something wrong with the architect’s approach. The only reasoning that would not make me doubt would be if you decided to use the roof as a terrace only after submitting the building documents to the municipality and the architect wants to save you the redesign costs. But even that could be called irresponsible, as there are so many regulations that also concern the construction of a roof terrace (setback areas, fire protection, design statutes, ...) that even some planners are not familiar with them. So why does your architect leave the change up to you?
You don’t seem to fully trust him either, otherwise you wouldn’t have asked the question here. So either discuss the project with someone who knows all the details (the approval authority) or let sleeping dogs lie and rely on the statements of your architect.

Have the architect provide it in writing and wait for his response. You are paying him enough after all.

Regardless of the feasibility.
Annex 2 of the Hessian Building Code describes a lot of what is possible without approval. Would our specific case be a "structural alteration" (according to II point 5.)?

Unfortunately, our relationship with the architect is no longer so good, as a lot has gone wrong. But we are allowed to install the terrace or railing "without building approval after a certain period following moving in." This is supposed to be stated in Annex 2. I just wonder which paragraph he is basing this on....

Thanks to you all!