ᐅ Attic Conversion: Definition of Full Story and Dormer Width Relative to Neighbor
Created on: 9 May 2019 23:13
T
TassimatHello everyone,
The planning of my attic conversion is currently at a standstill. I am overwhelmed by the flood of information from the architect, the building authority, and the contractors, so I need your help to understand what is actually possible now.
The house is an end-of-terrace house located in NRW. I want to install as large dormers as possible at the front and back.
Question 1 about the definition of full storeys:
The building authority objects to the current plan because it would result in a full storey. However, the architect says that it complies mathematically since some ceilings are low enough. If I want to calculate it myself, I look at the building regulations, which say:
The clear height is currently 2.10 m (6.9 feet) because the rafters are positioned low. Only in the new dormers will the clear height be increased above 2.30 m (7.5 feet). For the calculation of whether it becomes a full storey, do only the areas of the new dormers count? Otherwise, one could easily circumvent the rules by, for example, lowering ceilings in certain parts.
Question 2: Dormer width
Am I allowed to build a dormer that extends over more than half the width of the house? Unfortunately, I haven't found any information on this.
[U]Question 3: Distance between dormer and neighbor[/U]
Can I build one of the dormers up to the shared gable wall with the neighbor, provided he gives his consent?
I believe I have read that dormers no longer trigger setback requirements.
The neighbor is open to my project but wants to avoid a building encumbrance.
(On the side of the house without a neighbor, I do not have to build up to the gable.)
I think these three questions cover the most urgent points. Regardless of the answers, I currently need to make a decision on which version of the attic conversion to pursue further: the large dormer up to the neighbor’s wall or, as a fallback, a version with about 2 m (6.6 feet) distance from the neighbor.
Thank you very much and best regards
Tassimat
The planning of my attic conversion is currently at a standstill. I am overwhelmed by the flood of information from the architect, the building authority, and the contractors, so I need your help to understand what is actually possible now.
The house is an end-of-terrace house located in NRW. I want to install as large dormers as possible at the front and back.
Question 1 about the definition of full storeys:
The building authority objects to the current plan because it would result in a full storey. However, the architect says that it complies mathematically since some ceilings are low enough. If I want to calculate it myself, I look at the building regulations, which say:
Building Code NRW 2018:
Full storeys are above-ground floors that have a clear height of at least 2.30 m (7.5 feet). A floor is only considered a full storey if it has the height mentioned in sentence 1 over more than three quarters of the floor area of the floor below.
The clear height is currently 2.10 m (6.9 feet) because the rafters are positioned low. Only in the new dormers will the clear height be increased above 2.30 m (7.5 feet). For the calculation of whether it becomes a full storey, do only the areas of the new dormers count? Otherwise, one could easily circumvent the rules by, for example, lowering ceilings in certain parts.
Question 2: Dormer width
Am I allowed to build a dormer that extends over more than half the width of the house? Unfortunately, I haven't found any information on this.
[U]Question 3: Distance between dormer and neighbor[/U]
Can I build one of the dormers up to the shared gable wall with the neighbor, provided he gives his consent?
I believe I have read that dormers no longer trigger setback requirements.
The neighbor is open to my project but wants to avoid a building encumbrance.
(On the side of the house without a neighbor, I do not have to build up to the gable.)
I think these three questions cover the most urgent points. Regardless of the answers, I currently need to make a decision on which version of the attic conversion to pursue further: the large dormer up to the neighbor’s wall or, as a fallback, a version with about 2 m (6.6 feet) distance from the neighbor.
Thank you very much and best regards
Tassimat
N
NatureSys10 May 2019 03:03Regarding the first question:
To my knowledge, the definition of what constitutes a full story is determined not by the current building code, but by the building code that was in effect when the zoning plan was issued. (However, this should be verified, as I am not 100% certain that this information is correct).
Regarding the height: Rooms with a clear height of only 2.10m (6 ft 11 in) are not permitted as living spaces. The requirements for living spaces are specified in §46 of the NRW building code.
Regarding the second question: The maximum width of dormers is usually set by the zoning plan. In our zoning plan, a maximum of 50% is explicitly stated. Otherwise, we would have been allowed to build wider dormers.
To my knowledge, the definition of what constitutes a full story is determined not by the current building code, but by the building code that was in effect when the zoning plan was issued. (However, this should be verified, as I am not 100% certain that this information is correct).
Regarding the height: Rooms with a clear height of only 2.10m (6 ft 11 in) are not permitted as living spaces. The requirements for living spaces are specified in §46 of the NRW building code.
Regarding the second question: The maximum width of dormers is usually set by the zoning plan. In our zoning plan, a maximum of 50% is explicitly stated. Otherwise, we would have been allowed to build wider dormers.
I am not aware of any zoning plan. All the houses on the street were built at the same time in the 1960s, and they are all identical. Over the decades, however, some variations have been added, such as new dormers and small extensions.
The living areas with dormers have a ceiling height of about 2.10 meters (7 feet) in half of the space, while only the remaining part within the dormer area is higher. The rafters still run through the middle there. This solution has been used by all the neighbors as well, and the space is used as living areas everywhere.
The living areas with dormers have a ceiling height of about 2.10 meters (7 feet) in half of the space, while only the remaining part within the dormer area is higher. The rafters still run through the middle there. This solution has been used by all the neighbors as well, and the space is used as living areas everywhere.
Tassimat schrieb:
I mean, otherwise you could cheat everywhere by, for example, partially lowering ceilings. Yes, you could. Whether the building authority would accept a construction that is clearly intended only to circumvent regulations in the calculation method is doubtful. Then you end up back in court, waiting a few years for a decision.
Tassimat schrieb:
Am I allowed to build a dormer spanning more than half the width of the house? Yes.
Tassimat schrieb:
Can I build one of the dormers up to the shared gable wall of the neighbor, provided they give their consent? Yes. I would even argue that their consent is not required.
Tassimat schrieb:
I think I read that dormers no longer trigger setback requirements. That has been the case in NRW since 01.01.2019.
NatureSys schrieb:
To my knowledge, the determination of what constitutes a full storey is not based on the latest building code, but rather on the building code applicable at the time the zoning plan (building permit / planning permission) was issued. Correct.
Tassimat schrieb:
I am not aware of a zoning plan (building permit / planning permission). Then check whether your information matches the facts. Without a zoning plan, exact calculation regarding full storeys is generally not required. Quote from a Federal Administrative Court ruling (Decision of 21.06.1996, Case No.: BVerwG 4 B 84/96):
In this respect, also for the determination of the number of full storeys, the external appearance of the building in relation to its surrounding development is decisive, not the result of complicated calculations.
In unplanned urban areas (§34 Federal Building Code), the architect is required to include an extensive photographic documentation of the neighboring buildings with the building application, demonstrating that comparable development already exists in the immediate vicinity.
Thanks in advance, the answers are helpful.
I just spoke with him on the phone again. He said we definitely need a building encumbrance, as the dormer is very wide up to the neighbor and no longer counts as a subordinate roof element. Unfortunately, he couldn't tell me offhand where this is specified. He may be right, but if not, then I could build the dormer according to my wishes. That's what I’m hoping for.
One thing I forgot to mention: we share a party wall. That shouldn’t be a problem, right?
Muc1985 schrieb:Unfortunately, not every architect knows everything. I don't want to take that negatively. Overall, I am satisfied with his work.
Shouldn't your architect assess this and show you the correct and feasible way? That’s what they are paid for.
I just spoke with him on the phone again. He said we definitely need a building encumbrance, as the dormer is very wide up to the neighbor and no longer counts as a subordinate roof element. Unfortunately, he couldn't tell me offhand where this is specified. He may be right, but if not, then I could build the dormer according to my wishes. That's what I’m hoping for.
One thing I forgot to mention: we share a party wall. That shouldn’t be a problem, right?
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