Roof structure on conservatory construction - legal question

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

Unfortunately, our relationship with the architect is no longer very good because a lot has gone wrong. But the terrace or railing may be installed without a building permit "after a certain period following the move-in." That is supposed to be stated in Annex 2. I just wonder which paragraph he refers to....

Thanks to you all!

Hello! This just keeps getting better! Take Escroda's posts to heart and nail him down!

You ask the forum on which laws your architect bases himself, just ask him in writing!

Do you want to force a rollback??

Accordingly, the intended conservatory construction made of wood would actually not be living space

That would also explain the undershooting of the minimum boundary distance of 3m.

Would our specific case be a "structural change" (according to II point 5.)?

Only if the conservatory is indeed a conservatory according to I 1.12 and not a lean-to greenhouse according to I 1.1. A conservatory is heated, must be within the buildable areas, fully counts towards the floor area ratio and the plot ratio, and triggers setback areas. A lean-to greenhouse is unheated, may, unless explicitly prohibited by the development plan, also be placed outside the building window, counts (simplified) only half towards the floor area ratio, is not counted towards the plot ratio, and is generally privileged with regard to setback areas. This list does not claim to be complete. Which type of building applies to you, I cannot judge. Knowledge of the necessary details would lead to individual legal advice, which is inadmissible here in the forum, but urgently recommended due to the apparently strained relationship with the architect.

Thank you very much, you are really helping me a lot. :)

One question keeps coming up in the back of my mind: How is the floor area ratio (in Hesse) calculated? So, which areas do I have to include in the floor area ratio I?

The law doesn't really say much about this (i.e., whether terraces, conservatories, and balconies are included). And our architect and the lady from the building authority also contradict each other.

How is the floor area ratio (in Hessen) calculated?

The law doesn’t really say much about this (i.e. whether terraces, conservatories, and balconies are included). And our architect and the lady from the building authority contradict each other as well.

Quite simple, the floor area ratio includes both the terrace (as long as it is directly attached to the house) and the conservatory fully (so not 50% or so), but not a balcony. Simply put, it is the area that your house plus extensions cover on the ground. The garages should also be taken into account immediately if they are built directly (but as outbuildings). For a garden shed built later and the corresponding areas for walkways, the authorities are mostly open to discussion or may let things slide a bit, but of course not if you have already maximized the floor area ratio and the garage already uses up the 50% excess allowed for outbuildings, meaning you technically wouldn’t be allowed to pave any more paths.

Based on your last sentence, I suspect the architect would not count the conservatory towards the floor area ratio or wants to declare it as an outbuilding. That definitely isn’t allowed!!!!

I agree with my predecessors and would very quickly get legal advice. If your statements are indeed true, I would be quite sure that the conditions for a terrace on the roof would not be given, both structurally and legally. Also, I would look very closely at how the conservatory is classified. This can, on the one hand, also have legal relevance (building window, distance to boundary, etc.). Furthermore, thermally isolating the conservatory from the main house but then wanting to use it as "living space" also doesn’t make sense.

And our architect and the woman from the building authority also contradict each other.

This constellation is called a danger by the pessimist ;-) here: that of a dismantling of the terrace or the prohibition of using the conservatory for living.

I was at the building authority and the following came out:

By installing a roof terrace on the conservatory structure, the conservatory loses its character and thus becomes an extension. Therefore, we would need a retrospective building application for this extension, as it exceeds the building boundaries.
In our development plan, it states that "an exceeding of the building boundaries for terraces and conservatories up to 3m" would be permitted. An extension would therefore not fall under this and would require building approval.

I just cannot understand why the conservatory loses its character from a building law perspective.... The use of the conservatory does not change just because I build a roof terrace above it.

Maybe one of you has an answer. :)