Rooftop terrace in Hessen without a permit? Who knows?

Hello everyone!

After a long time of silently reading along, here is my first post!

We are busy planning our construction project, and now a question has come up again for which I have come across various answers on the internet. Maybe one of you knows more?

Specifically, it is about a roof terrace on a part of the roof (approx. 30 of 200 sqm) of the 2nd floor. The whole thing is to be accessible via an external staircase from the balcony of the 2nd floor. The distances to the two neighbors on the right and left are 7 and 9 meters respectively. Logically, it is therefore not about the (terrace) use of a flat garage roof within the distance zone. Since this is a new building, we would design the roof structurally from the start so that it fits the load requirements.

Now, as always when asking the internet, I have received a variety of answers. Many sources claim that it must be approved. Often, this statement refers only to the structural part of the project. Only the website of the Frankfurt building authority says that it only requires notification but is approval-free.

Does anyone know more about how this is regulated in Hessen? Does the respective building authority decide "individually" whether a permit is required?

Looking forward to your answers!

Best regards,
quisel

Hello,

who are you building with? That person should be very knowledgeable

Hello,

who are you building with? The person should be very knowledgeable

Not with anyone yet, but it should ultimately be built with an architect as soon as the land purchase is finalized or completed. I am currently brainstorming. Of course, the architect will be able to answer all my questions – but as is often the case: building a house is exciting and there are many questions swirling in your mind that you would have liked to have answered yesterday.

Does anyone know more about how this is regulated in Hesse?

What exactly do you want to know "more" about? The people from Frankfurt describe the procedure quite thoroughly.

Does the respective building authority decide "individually" whether a permit is required?

No. The state building code is clear here and binding for all authorities in Hesse. What I do not understand: If you are building new, the roof terrace is normally shown in the building plans and approved together with the entire building application. Then you are on the safe side, because permit-free does not automatically mean permissible. If your authorized building planner possibly does not observe an existing development plan or other regulations, you might have to dismantle everything later.

Thank you very much. I also think that we will include it directly in the building application. The question arose simply because it is not yet certain whether it should be done immediately or only a few years later. It goes without saying that it must also be permissible.

One question that has now arisen in this context is whether a roof terrace changes the building classification. According to my legal understanding, a roof terrace cannot be considered a living room. In Hesse, this relates to the "measurement of the top edge of the unfinished floor of the highest floor in which a living room is present or possible."

Is there a "risk" that the roof terrace will be included in the calculation for the building classification in any way? Access, as described, is not via the house staircase but via an external staircase over the top balcony.

whether it should be done directly or only a few years later.

It is not prescribed when the construction project must be completely finished. If the roof terrace is approved, you can also build it only in a few years. If you do not include it in the building application now, you would have to have building documents prepared again later for notification purposes, which would not need to be approved (as long as the legal situation does not change) but would require a qualified person for building documents.

In my legal understanding, a roof terrace cannot be considered a living room.

I agree.