ᐅ Roof Structure on a Conservatory Construction – Legal Issue

Created on: 10 Feb 2018 18:40
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bvbole
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bvbole
10 Feb 2018 18:40
Hello,

first of all, thank you very much for the service here. This is really a great thing!

Now to our small problem. We are currently building a semi-detached house under a permit-exempt procedure. Each house (each with two residential units) will have a timber-framed conservatory (4m x 3m (13ft x 10ft)) belonging to the ground floor apartment. The apartment above (1st floor + 2nd floor) is intended to use the conservatory roof later as a rooftop terrace.
Our architect has pointed out that installing a railing after moving in (2-4 months later) would be allowed, so that a rooftop terrace would be usable for the second residential unit. He referred to Appendix 2 of the Hessian building code, which apparently permits converting the flat roof structure into a terrace afterwards.

Can you tell me if this is correct? The conservatory structure does not require a building permit / planning permission, as it was also approved through the permit-exempt procedure.

Best regards and many thanks

bvbole
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Escroda
11 Feb 2018 08:24
bvbole schrieb:
The apartment above (1st and 2nd floor) is planned to use the roof of the conservatory structure later as a roof terrace.

Why only later?
bvbole schrieb:
The conservatory structure does not require a building permit, as it was approved through the permit-exempt procedure.

The permit exemption is not a procedure within the meaning of the local building regulations (HBO). Therefore, nothing is actually approved through this. The authorities are not involved; they do not check, approve, or take responsibility. Instead, the architect takes full responsibility for ensuring all regulations are met. If the architect now suggests installing the railing only later, I would suspect something is off. At any rate, the architect is shifting responsibility onto the uninformed builder, since the terrace apparently is not included in the submitted construction documents.

To determine whether this is truly a permit-exempt project according to §55 or §56 HBO, all details of the construction project and local development plan would need to be reviewed. In my opinion, the municipality should be notified of the change and a structural analysis must also be provided.

Anyone concerned about the risk of potentially illegal use should consult with the building authority.
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bvbole
11 Feb 2018 09:38
First of all, thank you for the post!

On the exterior renderings of both houses, only the conservatory is visible, but no railing. In yesterday’s conversation, the architect mentioned that we are allowed to add the railing afterwards. I assume this approach was taken because including the terrace on top of the conservatory structure would have required going through a building permit / planning permission process, but we wanted to start construction as soon as possible. I am attaching two images to this post that show the exterior rendering of one house. The other house will be built exactly the same.

In yesterday’s conversation, the architect also said that the structural engineering approval is necessary anyway when a flat roof is installed on a conservatory construction. In this process, the structural engineer also calculates the load capacity, so that a terrace can be created.

I have now looked into the development plan, but unfortunately found nothing on this specific topic. We currently have a floor area ratio of 0.35 (allowed is 0.4) and a plot ratio well below 0.8 (allowed is 0.8; only the architect knows our exact value).

Where in the development plan should I look?

Thank you very much!
Architectural drawing of a modern house front with roof, windows, and entrance

Architectural drawing of a modern single-family house facade with dormer and large windows.
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Escroda
11 Feb 2018 11:18
I’m not sure if the architect is correct. Maybe the roof terrace doesn’t require a building permit / planning permission. However, this
bvbole schrieb:
In yesterday’s conversation, the architect said that we are allowed to install the railing afterwards. I assume this was arranged because, with the terrace on the conservatory structure, we would have needed to go through a building permit / planning permission process

is contradictory. If you intended from the start to build a roof terrace, then something is wrong with the architect’s approach. The only explanation that wouldn’t make me doubt would be if you decided to use the roof as a terrace only after submitting the building documents to the local authority, and the architect wants to save you the costs of redesign. Still, that could be considered irresponsible, as there are many regulations affecting roof terraces (setback distances, fire protection, design codes, etc.) that even some planners are not fully familiar with. So why does your architect leave the modification up to you?

You also don’t seem to fully trust them; otherwise, you wouldn’t have asked the question here. So either discuss the project with someone who knows all the details (the permitting authority) or let it be and rely on your architect’s statements.
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HilfeHilfe
11 Feb 2018 11:56
Have the architect provide it in writing and wait for their response. After all, you are paying them enough.
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bvbole
11 Feb 2018 12:24
Putting feasibility aside for a moment.
Annex 2 of the Hessian Building Code describes in detail what is possible without a building permit / planning permission. Would our specific case be considered a "structural alteration" (according to Section II, point 5)?

Unfortunately, our relationship with the architect has deteriorated significantly due to many issues. However, the terrace or railing can be installed without a permit after a certain period following moving in. This is supposed to be stated in Annex 2. I’m just wondering which paragraph he is referring to...

Thanks to all of you!