Hello,
We would like to build two full stories with a recessed top floor above. The development plan does not specify by how much the top floor must be set back. Our architect says that according to the HBO (Building Code), only the setback distances need to be observed, and the top floor must be 25% smaller than the lower full stories. Therefore, for example, we could set back one side and keep the others aligned with the outer walls of the lower full stories.
However, the city is confusing us a lot. They said at one point that a 0.5 m (1.6 ft) setback is required from all sides. This apparently results from the fact that only flat roofs, hip roofs, and gable roofs are allowed, and because of the eaves height and the fact that no shed roofs are permitted, all sides would have to be set back by 0.5 m (1.6 ft). Does what they say make sense?
Now we have learned from another homeowner (also from the same source) that only the side facing the street must be set back. But what is correct? Do we really have to set back more than one side (regardless of the street)? Are there any other regulations in the HBO? Thank you in advance.
We would like to build two full stories with a recessed top floor above. The development plan does not specify by how much the top floor must be set back. Our architect says that according to the HBO (Building Code), only the setback distances need to be observed, and the top floor must be 25% smaller than the lower full stories. Therefore, for example, we could set back one side and keep the others aligned with the outer walls of the lower full stories.
However, the city is confusing us a lot. They said at one point that a 0.5 m (1.6 ft) setback is required from all sides. This apparently results from the fact that only flat roofs, hip roofs, and gable roofs are allowed, and because of the eaves height and the fact that no shed roofs are permitted, all sides would have to be set back by 0.5 m (1.6 ft). Does what they say make sense?
Now we have learned from another homeowner (also from the same source) that only the side facing the street must be set back. But what is correct? Do we really have to set back more than one side (regardless of the street)? Are there any other regulations in the HBO? Thank you in advance.
What do you want to do with the Hessian building regulations for "Construction location: BW"?
https://www.instagram.com/11antgmxde/
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https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
I have done some reading on the subject. Your state building code was revised in summer ’18 and states on this topic in §2 (5): "[...] [T]he top floor set back from at least one external wall of the building (setback floor) and a floor with at least one pitched roof surface is considered a full floor if it reaches this height over more than three quarters of the floor area of the story below [...]" and in §6 (4): "[...] 5 Walls are considered to be: 1. Roof structures extending the external wall [or set back up to 0.50 m (1 ft 8 in) behind the external wall], [...]", (in other sections, the concept of a full floor is explained in the usual way).
From the quoted passages, I conclude:
a) The setback itself already qualifies the setback floor if it is recessed behind the façade of the floor below on just one side of the house; the exact setback dimension is not specified;
b) However, regarding the wall height, also known as the eaves height, the wall of the setback floor only counts as an independent wall if it is set back at least 0.50 m (1 ft 8 in) behind the wall below.
To be consistent with a gable roof, I would therefore require the setback only for the long sides of the house, which are usually the eaves sides, and argue for the gable sides that these do not have the maximum permitted eaves height as a height limitation anyway.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
From the quoted passages, I conclude:
a) The setback itself already qualifies the setback floor if it is recessed behind the façade of the floor below on just one side of the house; the exact setback dimension is not specified;
b) However, regarding the wall height, also known as the eaves height, the wall of the setback floor only counts as an independent wall if it is set back at least 0.50 m (1 ft 8 in) behind the wall below.
To be consistent with a gable roof, I would therefore require the setback only for the long sides of the house, which are usually the eaves sides, and argue for the gable sides that these do not have the maximum permitted eaves height as a height limitation anyway.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Schary schrieb:
But what is correct now? I agree with @11ant’s interpretation, although I would like to point out that the legal situation here is extremely complex. I would not engage in a controversial discussion with the building authority but rather take their conditions into account during planning. There are probably not many court rulings yet on the new state building code in Hesse, but regarding recessed top floors and eave heights, there are some. Therefore, the acceptance of a 50cm (20 inch) setback as not being counted towards the eave height already represents a builder-friendly interpretation by the approval authority.
Whether the old state building code still applies for certain regulations also depends on the wording of the zoning plan. And for comparison with the neighbor, you would need to know so many details about their construction project that would go beyond the scope of this forum.
Escroda schrieb:
so that accepting a 50cm (20 inches) setback as not counting towards the eaves height already represents a builder-friendly interpretation by the planning authority. I fully agree with this viewpoint in theory, but in practice, I see a continuous setback of half a meter as a major problem for the structural and energy-related implementation. In summary: theorists wanted to be helpful, but they remained theorists.
However, in the specific case, I also consider the room layout achievable with a pitched roof and a "knee wall 0".
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
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