ᐅ Roof Structure on a Conservatory Construction – Legal Issue

Created on: 10 Feb 2018 18:40
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bvbole
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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ypg
11 Feb 2018 12:34
Is it possible that the conservatory on the ground floor is not classified as living space and therefore the planned roof terrace is not permitted? Roof terraces are generally included as part of the living area... I have no idea, it’s just a thought of mine [emoji848]
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bvbole
11 Feb 2018 16:13
ypg schrieb:
Is it possible that the conservatory on the ground floor is not classified as living space and therefore the planned roof terrace is not permitted? Roof terraces are usually fully counted as living area... I have no idea, just a thought of mine [emoji848]

Exactly. The conservatory should/must be thermally separated from the main house. Therefore, the proposed wooden conservatory structure would technically not be considered living space (however, my parents want to use it as a dining room).
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ypg
11 Feb 2018 17:20
bvbole schrieb:
Exactly. The conservatory must be thermally separated from the house. Therefore, the proposed wooden conservatory structure would not technically count as living space (however, my parents want to use it as a dining room).

Putting your issue aside... outside the thermal envelope, the conservatory would be unheated. That would be rather uncomfortable for dining 😉
11ant11 Feb 2018 19:27
bvbole schrieb:
Our architect has now pointed out that installing a railing after moving in (2-4 months later) would be permissible,

To me, this sounds like an invitation to unofficially increase the roof terrace’s floor area after the completion notice, assuming no inspector will come anymore.
bvbole schrieb:
In yesterday’s conversation, the architect also said that a structural calculation is necessary anyway when installing a flat roof as part of a conservatory construction.

The structural calculation for the conservatory relates to ensuring that the conservatory roof can carry its own weight and the snow load – the weight of an added terrace will almost certainly not be included in this calculation. After all, there will be things like paving slabs with spacers on top – hardly anyone would want to place tables and chairs directly on a roof covering designed with sufficient slope for drainage. I consider the architect to be talking nonsense. People will want to step out onto the terrace, so how does he plan to justify floor-to-ceiling windows opening onto this roof without a railing shown in the plans?
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Müllerin
11 Feb 2018 19:51
Well, you can install floor-to-ceiling windows wherever you want – we have them on the first floor without a balcony or anything in front of them.

However, I find this advice from the architect quite questionable – I wouldn’t agree to that.
11ant12 Feb 2018 00:37
Müllerin schrieb:
Well, floor-to-ceiling windows can be installed wherever you want – we also have them on the first floor without a balcony or anything in front.

But not without fall protection.
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