Which type of house to choose?

The eaves height is defined as the intersection of the outer edge of the masonry and the upper side of the roof covering; in the case of setback floors, this can also be the top edge of the parapet, whereby additional railings to achieve the necessary parapet height are generally not taken into account here. It is crucial whether setback floors are permitted in the development plan, which roof types, which floor area ratio/floor space index, etc. The municipalities/cities can define the "eaves height" themselves in the development plan.

The setback area of the setback floor can then, if applicable, also refer to this intersection point in the roof of the setback floor; therefore, it must be planned accordingly far from the property boundary. This results in the minimum distance between the parapet and the outer edge of the masonry of the setback floor.

I would recommend consulting an architect for a preliminary design and to clarify all these construction and planning law questions. Or at least commissioning a publicly appointed and sworn surveyor for the legally sound interpretation of the development plan.

Quite honestly, construction expert, you are wrong there (also confirmed by courts). Eaves height is calculated separately for each floor, therefore your example is not approvable. Unless you have ceiling heights for dwarfs

This is contradicted, among other things, by a VGH decision, 3 S 201/99 dated 04.03.1999:

If a construction project [...] does exceed the eaves height present in the surrounding buildings, but not the ridge height, this does not exclude integration with regard to the measure of structural utilization from the outset.

For my area, I can say that so far we have had no problems getting approval for the request for a half-story (SG) in areas where only one-story buildings are permitted; sometimes with a gable roof or also a shed roof, but still as a half-story. Maybe it also depends on the head of the respective building authority; it cannot be ruled out based on your response anyway. Also, because case law sometimes points in one direction, sometimes in the other.

Rhenish greetings from on the road

I can say for my area that we have had no problems so far with getting approval for a SG in areas where only one-story buildings are permitted; that is also not a problem with the 2/3 rule BUT not in connection with the TH of max. 4-4.5m, right?

An idea is of course also simply to talk to the city (Department of Building Regulations). In our projects, we have "violated" the following conditions

1. Eaves height exceeded by 20cm - approved 250€
2. Hipped roof instead of flat, shed or gable roof - approved 250€
3. Reduced boundary distance - approved 250€

I discussed the whole thing in advance with the caseworker and it was not an issue at all. The neighbors who were informed about this didn't care either. My direct neighbor also needed 2 permits. It just costs a few extra euros.

Therefore, I would also try the route through the city administration / building regulations office. It doesn't have to work, but it can

One idea is, of course, simply to talk to the city (building law department). In our projects, we have "violated" the following conditions:

1. Eave height exceeded by 20cm - approved 250€
2. Hipped roof, instead of flat, shed, or gable roof - approved 250€
3. Boundary distance undershot - approved 250€

I discussed the whole thing in advance with the caseworker, and it was no issue at all. The neighbors who were informed about this didn’t care either. My direct neighbor also needed 2 approvals. It just costs a few extra euros.

Therefore, I would also try to take the route through the city administration / building law office

I forgot to mention this: Unfortunately, our municipality is quite obstructive... The building area is only just being developed, and the plots are being snapped up from them. The nice man from the building authority just said to me: If you don’t like it, then just leave it!

But thanks anyway for the tip! It’s funny that in some municipalities it works like this, in others it costs an extra price, and in some municipalities it doesn’t work at all. :-/

Well, there is little you can do about that. But honestly, "then they just don't do it" is a good tip. You spend so much money on building a house, it should definitely meet your expectations.

We had another plot in mind before. Roof shape / house color / roof slope / number of collectors on the roof, orientation, tile color, etc. all prescribed. Then I told the city, you'd better build the house and I'll pay for it when I move in.