Good evening,
Can you please explain it a bit more thoroughly? I always thought that with a TH of 4m, a setback floor as shown in the attachment is not feasible.
That is wrong.
In §2 of the Lower Saxony Building Code for Lower Saxony it says (by the way, similarly for NRW and many other federal states as well):
(6) An above-ground floor is a floor whose ceiling upper edge protrudes on average more than 1.40m above the ground surface. [...]
(7) 1 - A full floor is an above-ground floor that has a clear height of 2.20 m or more over at least half of its floor area. 2 - A top floor is only a full floor if it has the clear height mentioned in sentence 1 over more than two-thirds of the floor area of the floor below.
This also means that compliance with the TH for the construction of a setback floor (SG) is irrelevant – how could it be otherwise? What counts is the FH. Therefore, if a development plan does not explicitly oppose a setback floor (rare, but it exists), the approving building authority cannot refuse it.
Then I would maybe explain that to him once more and maybe then he can actually do it?!
Honestly? If the guy doesn’t know the simplest basic rules of building law, how is he supposed to sell you a house?
Rhenish greetings from on the road