That supposedly doesn't help because with the split level, the highest occurring FOK counts, but the reference height level for determining the building class is uniform for the entire building. And thus, the garden-side split level part of the 2nd upper floor would again be over 7m above the reference height and therefore the entire building would be GK4.
Take a look at the neighbor: if the split level is not feasible (although I don’t necessarily see it that way, since architects have learned exactly THIS, to plan a house legally according to the relevant regulations, which a layperson cannot do due to lack of knowledge) ... it continues further down.
Basically, I feel like your duplex idea is getting in your own way.
However, I advise you not to bother with the struggle, but instead to build a classic multi-story two-family house rather than a duplex (even if the upper apartment is a maisonette).
This was advised to you several times. Perhaps that advice indeed included the knowledge about the escape route, which, however, was not communicated yet because the time was not right.
They show that even very extensive internet research and years of reading house building forums have their limits.
Yes, we mentioned a lot. Unfortunately, one does not always arrive at the right result through deductions and assumptions.
However, you were also asked to show the plot. That is unknown to us.
Maybe the forum knowledge would have already taken the edge off here and there if more knowledge and actual conditions had been shared.
The rather steep incline from the street given in TIM cannot be found on the plot, since this plot, like those of both neighbors, has been excavated down to street level over about 20 meters depth and across the entire width.
How is it now?
The building planning office verbally rejected a real division. They would only approve plot divisions within the scope of zoning plans if both subdivided plots reach the front building line.
There is already quite a lot behind that.
If a natural terrain is no longer recognizable,
How is it now?
To some extent, I could also imagine a "classic multi-story two-family house" split level, where the rear rooms, for example, are three steps higher.
I have also thought about that several times.
By the way, the neighbor has dug away the slope all around the house. I do not quite understand the motivation yet.
Whether the neighbor has a split level or not:
The motivation will be that he can set windows in a lower rear floor at the slope.
Also, the slope was excavated over the entire plot area so that one climbs steeply into the garden behind the house, whereas the floor above has a raised terrace from which a short staircase about 1m leads down into the garden. I couldn’t find out the reason.
... and then the floor above opens onto the garden.