Telephone construction inquiry rejected

Hello everyone,

hopefully you can give us advice.

About our concern:
Some time ago we purchased a building plot and have now started planning our dream house, a Tuscan style 1 1/2 storey. Unfortunately, we were quickly rejected by the building authority.

Reason: Eaves height of maximum 4.50 meters is exceeded. The gentleman from the authority was not entirely wrong because in the zoning plan it says in black and white:

In the general residential area, an eaves height (eaves height = line between outer wall and roof covering) of at least 3.00 m and at most 4.50 m must be observed for single-storey buildings.

We would have accepted the rejection because this type of house style is not desired in this building area. However, in the same neighborhood (the zoning plan does include this plot) exactly the same house we actually want to build stands. We therefore ask ourselves why we received a rejection and a few houses down the street a permission was granted. How is this possible?

We thank you in advance for every answer!!!

Best regards
Snoopy

Yes, it is possible. I have also read the exceptions very carefully.

A few houses down from us, there is also something that we originally wanted to build. However, my explanations about the building were consistently ignored by the authorities, which initially annoyed and confused me. Eventually, I found out that the construction did not comply with the approval... they had to pay a fine and that was that.

Thanks for the quick answers!

Yes, it is possible. I also read the exceptions very carefully.

Can you please give me tips on which exceptions I can refer to or where I should best look them up, so that the building application will be approved?

A few houses down from us, there is also something similar to what we originally wanted to build. At the authority, my statements about the building were consistently ignored, which initially annoyed and confused me. Eventually, I found out that the construction did not correspond to the approval... they had to pay a fine and that was that.

I have also read quite a bit about fines. These can sometimes be up to €50,000 or a demolition is required. I would like to avoid this option.

I would not orient myself to the existing house. It is possible that this building permit is very old and the municipality only later decided on the development plan with 4.50m. In doing so, you will probably only lose a lot of energy and in the end, it still won't work.

We built a house in the outer area. Then someone bought the neighboring plot and also wanted to build. No chance because outer area! Meanwhile, the caseworker changed and she strictly prohibited it - period! Our house was a "mistake" by the authority and that was the end of it.

However, in the same settlement (the development plan includes this property) there is exactly the same house that we actually want to build. We are therefore wondering why we received a rejection and a few houses down the street a permit was granted. How is that possible?

In our area, "build like the neighboring buildings" applies. We had to change the building application because otherwise the house would have become 9.05 meters high, but only 9 meters are allowed. Diagonally opposite, a 2.5-story semi-detached house with a roof terrace was approved. Some are just more equal.

I would simply ring their doorbell and ask how they managed it.