Setback areas on the slope - Average height

Hello dear forum,

I am currently having a discussion with the building authority (BayBO). We are planning a carport with a basement (directly on the neighboring property). The neighbors think it is a good idea, the development plan says a basement is allowed. However, the authority now says our average wall height is too high concerning the setback area. We would have to maintain 3m. But this is hardly solvable because the carport basement protrudes about 1.8m out of the slope to park the cars horizontally above. Giving the carport ceiling a slope would make the basement practically unbuildable or very expensive. The neighbor also has no chance to build anything in the setback area as it is his driveway.

Is there a comment or something similar that explains how to proceed in slope locations? Our architect said if the authority is right, no one could build a carport on a slope...

Thanks!!

We have a garage on the slope directly at the boundary. Actually outside the building window but somehow the builders still got a building permit for it. The slope had to be blasted away by a few meters. There would have been no problem with the clearance areas, since garages are allowed at the boundary, does something different apply to carports?

Hello DiplWiing,

Without plans, there is little to say about it, but in any case, you should record and secure the original heights of the unchanged ground before you alter the property.

From your description, I suspect that the Building Regulations Office is right because you have a usage in the basement that would require special above-ground approval near the boundary. How it is underground, I don't know off the top of my head, but there are surely some interesting rulings on that.

Wall height is averaged including the basement above the original ground level at the boundary on the building plot (not! the neighboring plot).

The solution is probably a building encumbrance.

I can give you more information on the argumentation/procedure when I have plans.

Best regards
Dirk Grafe