ᐅ Bay window extending into setback areas – is this allowed in this case?

Created on: 27 Oct 2015 22:05
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Aloadihoa
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Aloadihoa
27 Oct 2015 22:05
Hello,

Since the budget for the basement is probably insufficient, I am currently trying to adjust the floor plan accordingly. My question is whether this is permissible:

It concerns the bay window, which I have moved closer to the street and the neighboring property.
Does the design comply with the state building code for Baden-Württemberg?
  • House wall with a 2.5m (8 feet 2 inches) distance from the property boundary
  • Bay window is 2.0m (6 feet 7 inches) from the property boundary and 5m (16 feet 5 inches) wide, extending only 0.5m (1 foot 8 inches) outward (see state building code §5 (6))

Additionally, the development plan specifies the following:
The buildable areas defined by front and rear building limits may exceptionally be exceeded by up to 1.5m (4 feet 11 inches) towards the street and garden side.
However, this applies only to secondary structural elements such as balconies, stairwells, bay windows, conservatories, etc.
The total width of protruding building parts must not exceed one-third of the building’s width.

The building has a width of 11.5m (37 feet 8 inches). Therefore, it seems permissible that the bay window projects 1.5m (4 feet 11 inches) towards the street with a width of 3.5m (11 feet 6 inches).

What do you think about the bay window? Legal or illegal?

I am also happy to receive opinions on the ground floor layout.

Handgezeichneter Grundriss eines Hauses mit Wohnzimmer, Essbereich, Kueche, Bad, Flur, HWR, Garten.
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DG
27 Oct 2015 23:22
In North Rhine-Westphalia, this would only be possible with a waiver of building encumbrance, because the building limit at the front is exceeded. On the side, the setback from the boundary is undercut over a depth of 5m (16 feet), but the building depth is less than 15m (49 feet) if the drawing is to scale, so the projection is greater than one-third of the building depth.

Therefore, I don’t think it will work exactly like this, but it might be possible with slight modifications or additions.

For the building permit / planning permission application, you will need an architect anyway who is familiar with these issues and will plan the house accordingly. Thus, I would consider your thoughts only as a rough preliminary plan.

Best regards
Dirk Grafe
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Aloadihoa
28 Oct 2015 06:10
The front building setback (shown in the picture below) can be exceeded as explicitly allowed by the development plan, up to a width of one-third of the house.
On the left side, I thought it was regulated by the State Building Code of Baden-Württemberg. Bay windows up to 5m (16 feet) wide are not counted if they are at least 2m (6.5 feet) away from the neighboring property.

Yes, I will discuss this with an architect. I just want to know the limits of what is allowed beforehand.
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ypg
28 Oct 2015 08:06
You won’t get my approval, but I would still swap the location of the utility room and the AZ.
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Aloadihoa
28 Oct 2015 09:01
So you think it’s not allowed? What exactly—not sliding towards the neighbor, sliding towards the street, or both combined?

Why swap? To orient the living area towards the south? I actually mirrored the entire house so that you don’t have to walk from the parking space around the bay window to the entrance. I think the light entering the living area is fine this way, too.

By the way, this is a corner lot (right side), so the garage should stay there as a privacy screen for the terrace.
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Wastl
28 Oct 2015 09:06
The LABO only regulates what is not specified in detail elsewhere. In other words, if your development plan clearly sets out rules on the matter, the LABO will not get you very far.
If it states: Only allowed on the street side / garden side, then it will not be approved on the neighbor’s side.