Setback area to public road, roof planning approval

A house is to be built in Bavaria, the development plan has been approved.

Question:
According to the development plan, the foundations of the house are currently 2m away from the public road.
The builder has thus integrated 1m of the setback distance (minimum 3m) into the public road.
Is this allowed?

If it is not allowed, should the plan still have been approved?

The roof starts at 3.25m, the roof has a 45-degree pitch, but there are dormer windows.
Is the one-third rule applied here because of the dormer windows, so that one-third of the roof height
must be added to the setback distance?
Then the required distance would be about 5m and the builder would have integrated 3m of his setback distance
into the public road – which is about 4.5m wide (a side street).

Thanks for any hints.

Hello,

A house is to be built in Bavaria, the development plan has been approved.

You surely mean established?

Question:
According to the development plan, the house’s foundations are currently 2m away from the public road.
The builder has thus integrated 1m of the required setback area (minimum 3m) into the public road.
Is that allowed?

If it is not allowed, should the plan still have been approved?

If the development plan explicitly provides for this, it is probably approvable. You do not have to start the building body at the front building window; however, you must build within the designated building window.

As a rule, you can assume that a legally established development plan always takes precedence over the currently valid state building code.

The roof starts at 3.25m, the roof has a 45-degree pitch, but there are dormers.
Is the one-third rule applied here because of the dormers, so that one third of the roof height
would have to be added to the setback area?
Then the required distance would be about 5m and the builder would have integrated 3m of his setback area
into the public road – the road is about 4.5m wide (a side street)

Whether and if so, how many dormers may be built under which limits, results from the textual provisions of the development plan.

Rhenish greetings

A house is to be built in Bavaria, the development plan has been approved.

Question:
According to the development plan, the foundations of the house are currently 2m away from the public road.
The builder has thus integrated 1m of the clearance area (minimum dimension 3m) into the public road.
Is this allowed?

If it is not allowed, would the plan still have been allowed to be approved?

Public road areas may be included to half of the clearance area calculation nationwide afaik, as is also the case in Bavaria:

(7) Contrary to paragraph 2 sentence 1, public traffic areas, public green spaces, and public water areas are counted half in the clearance areas.

Source: Bavarian Building Code, Art. 6 Clearance Areas

The roof starts at 3.25m, the roof has a 45-degree pitch, but there are dormers.
Is the one-third rule applied here because of the dormers, so that one-third of the roof height would have to be added to the clearance area?
Then the required distance would be about 5m and the builder would have integrated 3m of his clearance area into the public road - the road is about 4.5m wide (a side street).

Thanks for any hints

Without knowing the planning and specifications in the development plan, this is guesswork.

Very roughly – calculated with a factor of 0.8 – I come to 5m * 0.8 = 4m clearance area. 2.25m lie on the street, leaving 1.75m on the property => could fit.
If the narrow side privilege may be applied, the factor is 0.4 – then with the building height you never reach beyond the middle of the street.

Best regards
Dirk Grafe