Terrace and Distance Regulations NRW

Dear builders,

I am currently planning a single-story detached house that is 8 m wide and 11 m long. The 8 m long side runs approximately parallel to the street on one side, which lies above the construction site. The two 11 m long sides stand at an angle of about 90 degrees to the street and are located on the sloping terrain. The house stands on a slab foundation and a blind plinth, which is about 5 m away from the street and founded approximately 30 cm lower than the street on the natural ground. 11 m further, the blind plinth is about 1.40 m high due to the sloping terrain. We would now like to build a terrace about 1.20 m wide, parallel to the right 11 m long side when viewed from the street. This terrace would run parallel to the blind plinth, would be founded in the same way, and would also be 1.40 m high at the end of the blind plinth. There would be a 3 m distance between the terrace and the property boundary to the right neighbor. Attached is a small drawing to clarify the whole situation. The drawing shows that there is also a main terrace. My architect referred me to the building authority regarding the distance to the property boundary. The responsible lady there said there could be problems, as the side terrace is higher than 1 m at certain points, but she was not more specific. My building surveyor was also of the opinion that the distance to the property boundary should be more than 3 m since the side terrace is higher than 1 m at certain points.

My question now is: Is the distance of 3 m compatible with the distance regulation NRW, which I, as a layperson, have only partially understood, or not? If it has to be more than 3 m, how much more exactly? Do the legal regulations differ if the side terrace is not called a terrace but rather a walkway to the terrace? Is the distance of 3 m to the property boundary sufficient if the side terrace at its highest point is not more than 1 m?

Thank you very much for your efforts

In our building application, 3 m from our terrace to the neighbor's boundary is specially marked.

Is the distance of 3m compatible with the distance regulations of NRW

yes

Do the legal provisions look different if the side terrace is not called a terrace, but a walkway to the terrace?

no

Is the distance of 3 m to the property boundary sufficient if the side terrace is no more than 1 m at the highest point?

Here §6 (10) Building Code NRW applies:
(10) Paragraphs 1 to 7 apply correspondingly to installations that are not buildings in relation to buildings and property boundaries,
1. ...
2. insofar as they are more than 1 m above the ground surface and are suitable to be entered by people.

If the terrace protrudes no more than one meter above the natural ground surface, it does not create a distance requirement. If it is higher than 1 m, the distance requirement is 0.4*H, at 1.40m thus 0.4*1.40m=0.56m but at least 3.00m.

there could be problems

Problems of what kind? I see no problems, even if your drawings are not entirely clear. Does the terrace run 3.00m parallel to the neighboring boundary, as in the sketch, or does the distance change as in the (too small) detail? Do you have an excerpt from the cadastral map where the property is fully visible, preferably with a scaled drawing of the planned building structure?

that the distance to the property boundary would have to be more than 3 m

I cannot understand that based on your description; here, as with the building authority, it is worth asking. Actually, the architect should already have answers. With your height specifications, your terraces create 3.0m deep distance areas. Whether the side terrace may be divided into sections <1.0m and >1m, i.e. whether it only triggers distance areas for the part that is more than one meter high, is viewed very differently. However, this does not matter in your case if the distance is at least 3.0m everywhere.

Hello Escroda and VelBau, many thanks for your replies. The terrace runs completely parallel to the property boundary. My personal opinion as a layman was until now identical to that of Escroda. So it seems I was not so wrong after all. The architect stays out of it, refers me to the building authorities, where I will arrange another appointment and simply bring along the NRW setback regulation. There is a nice illustration on my topic from the Ministry of Building and Transport NRW on the internet, see attachment. Otherwise, I find it quite astonishing how vague and sometimes even incorrect professionals in the construction sector can express themselves. Okay, there are competent and less competent employees in all professions.