ᐅ Terrace above garage is only partially approved

Hello,

We are currently in the process of planning our house and faced a major disappointment with the building permit. Our architect informed us that the official handling our case has drastically reduced the size of our planned terrace on the masonry garage from 6 x 3 m (20 x 10 feet) to a ridiculous 3.45 x 1.50 m (11 x 5 feet) and will only approve that size, which is absolutely unacceptable to us. 😡

Reason:
"The use of the roof of an accessory building (garage) is considered a so-called primary use and, as such, must be counted towards the (primary use) length of the building, although no other regulations (setback areas, building boundaries) would be affected."

Has anyone heard of such nonsense before or been affected by it? Does anyone have a solution or idea what we could/should do to get approval for the terrace to cover the full garage roof size? 🙁

Thanks very much in advance 🙂

To what extent is the allowable main usable length of the building limited?

Development plan or outer area?

Should the garage be exempt from a building permit / planning permission?

Since garages are intended for use as part of the property – and that does not include use as a base for rooftop terraces – I would be content with the prospect of a small terrace and landscaping the rest...

Otherwise, observe the appeal deadlines – or build a balcony...

Alternatively, you can register an easement or purchase 3m (10 feet) from the neighbor, then it will work.

However, the case officer is correct—as far as one can judge without plans. This raises the question of why your architect even makes such suggestions or doesn’t clarify this during the planning stage.

Best regards
Dirk Grafe

Well, we don’t know why he is doing that; he said there are cases where something like this passes, so he wanted to give it a try.
He also said: "There are countless inconsistencies in the building regulations." 🤨

And what does it mean in this case to register a property charge or to buy 3m (10 feet) from the neighbor?

Jackos85 schrieb:
S
Has anyone ever heard of such nonsense ...

Strong words considering that, in my opinion, the case officer is actually correct. Even as a property owner, you cannot simply act as you please.

However, if I were you, I would also have a word or two with your architect; they should have known better. The case officer’s decision has little to nothing to do with any "inconsistencies in the building regulations" 😉

Best regards, Bauexperte

Would it be permissible to have a barrier along the edges of the garage roof with flower pots and patio slabs to allow maintenance of the green roof in such a case?