Terrain layout: Excavation, full floor, granny flat

Hello everyone,

my girlfriend and I are at the beginning of planning a house construction. Unfortunately, you can't plan the whole world without a plot of land, as many things depend on it.

We have now found a plot that we both like very much. It is located on the inside of a curve, without a sidewalk, and not far from the outskirts in a new development area (developed in 1998, is it still considered new construction then? ) and with 1068 square meters very well sized.

I have two questions here and if I have understood these points correctly, then this plot unfortunately is already ruled out for us .

Briefly about our plan for the house construction: As far as I have understood, it is called a city villa for our desired house and we want a ground floor, an upper floor without knee wall, and a basement. The plot is almost level, but it slopes down about 1.50 meters at the back and ends at the street. Since we are already planning ahead for later, we want to build a granny flat in the basement, which should be oriented towards this sloping side. The north side of the house would then be open from bottom to top and it would be, seen from below, granny flat (behind it the basement), ground floor, and upper floor. The ground floor should be level on the upper part of the plot.

Now I have had the development plan sent to me and I have two points here which, in my opinion, exclude the plot for our construction project:

1. Number of full floors limited to a maximum of 2
2. Excavations and embankments of the original terrain up to a height of a maximum of 1.0 m are permitted.

Am I correct with my assumption? Does the granny flat then count as a full floor and we would be at 3? Does the meter I can excavate count from the respective point where I start the digger or is it oriented to the highest or lowest point of the plot?

The other question I have is, can you get a special permit here? I am of the opinion that the city wants to get rid of these plots, as they have existed for 18 years now and many plots are still free here (probably exactly because of this). The price is also unbeatable and for my girlfriend and me it’s 2 kilometers more to work or a supermarket or similar. Since we both have cars, that is not a problem for us.

Regards and many thanks in advance
Martin

Maybe two pictures for better visualization. I have roughly drawn in the house and the garage; it is not 100% true to the actual size.

Does the granny flat then count as a full floor and would we be at 3?

is stated in the Bavarian Building Code

Article 83
(7) As far as § 20 paragraph 1 of the Baunutzungsverordnung refers to state law for the definition of a full floor,
Art. 2 paragraph 5 in the version valid until December 31, 2007 shall continue to apply in this respect.

so version from 1998

Article 2
(5)
1. Full floors are floors that lie completely above the natural or fixed ground surface
and have a height of at least 2.30 m over at least two thirds of their floor area.
2. Basement floors whose ceiling underside lies on average at least
1.20 m above the natural or fixed ground surface are also considered full floors.

With the described terrain profile, your planning would be easily achievable as a two-story building by an architect.

Does the meter I can excavate count from the respective point at which I position the excavator or is it based on the respective highest or lowest point of the property?

from the respective point at which you position the excavator

The other question I ask myself, can one get a special permit here?

in my opinion you don’t need one, otherwise ask the responsible building permit authority, best well prepared with photos of similar houses, the building plot, the neighboring buildings and a scaled entry of your project on the cadastral map

That means there could be a chance that we get this approved?

Hello Martin,

yes, it looks like that - but it cannot be conclusively assessed without plans, photos, local measurements, etc., it has to be checked on a case-by-case basis.

Best regards
Dirk Grafe

All right, we hope it works out. We really like the property itself and the location as well. Very quiet and we happen to know the direct neighbors