ᐅ Roof Structure on a Conservatory Construction – Legal Issue

If your neighbor builds a fence or wall directly on the property line, you won’t be able to see into their house or onto their terrace from your conservatory. However, if you have a terrace on top of your conservatory, you can easily look over it and, in extreme cases, even spit onto their grill. That’s quite a difference.

86bibo schrieb:
If your neighbor builds a fence or wall directly on the boundary line, you won’t be able to see into their house or onto their terrace from your conservatory. If you have a terrace on top of the conservatory, however, you can easily look over it and, in extreme cases, even spit onto their grill. That’s definitely a difference.

That’s true. Would you recommend that we first obtain written consent from both neighbors (left and right) for the building permit / planning permission application and include these letters with the application?

bvbole schrieb:
By adding a roof terrace on top of the conservatory structure, the conservatory loses its character and effectively becomes an extension.

This explanation is as vague as the terms terrace, conservatory, and extension themselves. Unlike full storeys or plot ratio, these terms are not legally defined, since even a slight deviation from their definitions might legally exclude that building part from the category. Therefore, the building authority has some discretion in this matter. If you removed the glazing of the conservatory, you would no longer have a roof terrace but rather a roof platform (or a balcony if the supports are also removed). According to the development plan, these structures probably must not extend beyond the building boundary (this is my assumption). However, from the neighbors' and urban planning perspective, your roof terrace would have the same impact.
The approval process does not mean that your proposal cannot be approved. It simply means it is not eligible for exemption from approval, as it must be reviewed whether the construction still fits within the urban development concept.

bvbole schrieb:
Would you recommend that we first obtain the written consent of both neighbors (left and right) for the building application and attach these letters to the application?

If the required setback distances are observed, the rear building boundary likely does not serve to protect neighbors’ rights, and exceeding it would not infringe on their rights, so neighbor involvement may not be necessary. However, if obtaining the signatures is straightforward, it could be helpful.

Escroda schrieb:
This explanation is as vague as the terms terrace, conservatory, and extension themselves. Unlike terms such as full floor or floor area ratio, these are not defined by law, since a building part that only slightly deviates from the definition legally should no longer be classified in that category. Therefore, the building authority has some discretion here. If you omitted the glazing of the conservatory, you wouldn’t have a roof terrace anymore, but a balcony or, if the supports are also removed, a cantilevered balcony. According to the development plan, these should not exceed the building boundary (I assume). However, from the neighbors’ and urban planning perspective, your roof terrace would have the same impact.
The permit process does not mean your request is not approvable. It just does not qualify for exemption from approval because it must be reviewed whether the construction still fits the urban design or not.

If the required setback distances are maintained, the rear building boundary likely has no protective significance for the neighbors and exceeding it would not infringe on their rights, so their involvement would not be necessary. However, if obtaining their signatures is not an issue, that could be helpful.

We will not take any action for now and will design a conservatory structure that later also allows for integrating a roof terrace.

After completing the construction project, a building application will be submitted, which then must be assessed. Unfortunately, I don’t see very favorable chances of success since the character changes from a conservatory to an extension. And apparently, an extension is not permitted to exceed the building boundaries.

Thank you all for your help, I will keep you updated 😉

I never said that this is ruled out, but there are logical reasons behind it and it’s not just some bureaucrat making things up. How a building is classified is indeed somewhat unclear because it’s not just black and white.
You certainly need to distinguish whether only the building envelope is exceeded or if the setback from the property boundary is also affected. If the setback to the boundary is infringed, you not only need approval from the building authority but it must also be registered as an easement on the neighboring property. For exceeding the building envelope, only the consent of the building authority or the building permit/planning permission is relevant.

Still, it definitely makes sense to talk to the neighbors beforehand. Just because something is legally allowed doesn’t mean every neighbor will be happy about it.

Yes, I understand.
With the conservatory, which would no longer be a conservatory if it had a roof terrace, we would only exceed the building area (or building boundary). Regarding setback requirements, floor area ratio, and plot ratio, we are on the safe side. It is solely about the extension, which according to the development plan is not listed under the point "Exceeding building boundaries" (only conservatories and terraces are allowed to exceed the building boundary/building area by 3m (10 feet)). Complicated...