Roof structure on conservatory construction - legal question

  • Erstellt am 2018-02-10 18:40:19

86bibo

2018-02-15 11:29:55
  • #1
If your neighbor puts up a fence or wall on the boundary, you cannot see into his house or onto the terrace from the conservatory. If you have a terrace on the conservatory, you can easily look over it and, in extreme cases, even spit on his grill. That's quite a difference.
 

bvbole

2018-02-15 12:04:59
  • #2


That's true. Would you recommend that we first obtain written consent from both neighbors (left and right) for the building application and attach these letters to the application?
 

Escroda

2018-02-15 12:20:06
  • #3
This reasoning is as vague as the terms terrace, conservatory, and extension themselves. Unlike a full floor or the floor area ratio, the law does not define these terms, since a building part that only minimally deviates from the definition would legally no longer be classified in this category. Therefore, the building authority has discretionary power in this matter. If you removed the panes of the conservatory, you would no longer have a roof terrace but a balcony or, if the supports were also removed, a balcony. According to the development plan, these should not exceed the building boundary (I assume). However, from the neighbors' and urban planning perspective, your roof terrace would have the same effect. The approval procedure does not mean that your request is not approvable. It just does not fit the exemption from approval, since it must be examined whether the construction still fits into the urban design or not. If the setback areas are observed, the rear building boundary should have no protective significance for the neighbors, and exceeding it would not violate the neighbors' rights, so their involvement is not necessary. However, if obtaining the signatures is unproblematic, it could be helpful.
 

bvbole

2018-02-15 12:43:39
  • #4


We will not take any action for now and will arrange a conservatory construction that also allows a roof terrace to be integrated afterward.

After completion of the construction project, a building application will then be submitted, which will have to be evaluated. Unfortunately, I do not see such favorable prospects of success, since the character changes from a conservatory to an extension. And apparently an extension is not permitted to exceed the building boundaries.

Thank you very much for your help, I will report back ;)
 

86bibo

2018-02-15 13:10:49
  • #5
I did not say that this is excluded, but that there are also logical considerations behind it and not just some bureaucrat made something up. How a type of building is classified is indeed vague, as it is not just black and white. You certainly have to distinguish afterwards whether only the building envelope is exceeded or also the setback distance. If the setback distance is undercut, you not only need the approval of the building authority but it must also be registered as a building encumbrance on the neighboring property. For the building envelope, only the approval of the building authority or the building application is relevant. Nevertheless, it does make sense to talk to the neighbors beforehand. Just because something is legally permitted does not mean every neighbor is happy about it.
 

bvbole

2018-02-15 13:17:11
  • #6
Yes, I understand. With the conservatory, which with a roof terrace would no longer be a conservatory, we would exclusively be exceeding the building envelope (or building boundary). Regarding boundary distance, floor area ratio, floor space index, etc., we are on the safe side. It is solely about the extension, which according to the development plan is not listed under the point "Exceeding building boundaries" (only conservatories and terraces are allowed to exceed the building boundary/building envelope by 3m). Complicated...
 

Similar topics
21.01.2015Extending building land around garden land - Effects on building envelope20
19.06.2016Cultivation EU / Roof structure extension upper floor - Which is more expensive?17
12.12.2016Basement yes or no with a large building window?12
07.06.2017Permeable traffic areas in the building application17
07.08.2017Cultivation Planning / Change72
27.01.2018Floor plan design for a single-family house with a conservatory and plot selection32
20.11.2018development plan, building line, building boundary, building window14
01.07.2025Extension planning for house from the 60s67
31.07.2019Site coverage ratio, permeable paving for outdoor facilities11
30.10.2020Extension to an existing "multi-family house" - boundary distance?30
09.12.2020City villa approx. 200 sqm with extension35
24.07.2021Extension or knee wall height increase?12
31.05.2021Draft for extension/conversion of single-family house to ZFS17
07.02.2022Cultivation for a 4-member family at the forest edge24
10.03.2023Preliminary building approval positive, building application criticized position29
11.02.2024Use tiny house as an extension or affordable extension options?25
23.08.2024Possible cultivation on existing property10
22.09.2024Approximate cost for 50 sqm extension10
03.02.2025Building window and boundary construction new development area22
20.06.2025Semi-detached house in building area 8.5m x 15m (WxD)76

Oben