ᐅ Questions Regarding the Interpretation of Section 34 of the Building Code
Created on: 2 Sep 2019 19:45
S
Schlenk-Bär
We have purchased a plot of land to build a single-family house. There used to be some old buildings on the property, which have now been demolished. We are currently focusing intensively on planning the house. There is no local land-use plan (building plan / planning permission) for the plot, so according to the responsible building authority, Section 34 of the German Building Code applies. I have read the legal text several times but did not gain much clarity, so I searched for interpretation aids... to say the least, it’s quite complex. I hope someone here in the forum can help us with our questions.
In the attached image below, our plot is outlined in red. There are land-use plans (building plans / planning permissions) for the two red areas. Section 34 states that a project is permissible if it aligns with the character of the immediate surroundings in terms of the type and extent of land use, building method, and the area of the plot to be built on, and if access infrastructure is secured.
What does this actually mean for our project? Should we orient ourselves according to the land-use plan on the right side? That would be a row of terraced houses standing perpendicular to the street, with houses arranged behind them. Or should we follow the three houses on the left side? Can three houses really be considered a coherent building context? Or the houses on the opposite side of the street?
How far from the street would we need to build our house? We definitely want to build farther from the street than the neighbors on the left side. What would be the best way to argue this? Could it help that an old building, which we have now demolished, was roughly in the center of the plot?
Thank you very much for your help.
In the attached image below, our plot is outlined in red. There are land-use plans (building plans / planning permissions) for the two red areas. Section 34 states that a project is permissible if it aligns with the character of the immediate surroundings in terms of the type and extent of land use, building method, and the area of the plot to be built on, and if access infrastructure is secured.
What does this actually mean for our project? Should we orient ourselves according to the land-use plan on the right side? That would be a row of terraced houses standing perpendicular to the street, with houses arranged behind them. Or should we follow the three houses on the left side? Can three houses really be considered a coherent building context? Or the houses on the opposite side of the street?
How far from the street would we need to build our house? We definitely want to build farther from the street than the neighbors on the left side. What would be the best way to argue this? Could it help that an old building, which we have now demolished, was roughly in the center of the plot?
Thank you very much for your help.
S
Schlenk-Bär7 Sep 2019 16:19Great, thank you, I’m really impressed. This is fantastic support! I just don’t want to rely on someone who might do their job half-heartedly because they already have a full schedule.
Actually, we have the impression that the distance makes a big difference—not just for us, but also for the neighbors. We are planning a gabion wall with volcanic rock along the street side. It’s supposed to be very effective against noise. In front of the wall, there will be a hedge to make it look nice. I think this will already achieve a lot—except for the driveway. Another point is that we designed the floor plan so that all the rooms used for long-term occupancy face the garden (to the rear, away from the street). We also plan to build with sand-lime bricks. They have a high density, which means high sound absorption. From the demolished temporary building, we know that inside a building, the noise is hardly noticeable. Also, traffic only occurs during peak hours (morning and afternoon).
11ant schrieb:
The noise level doesn’t decrease significantly over an extra seven or five meters without additional measures. Which noise barriers do you want / can / are allowed to install or plant there?
Actually, we have the impression that the distance makes a big difference—not just for us, but also for the neighbors. We are planning a gabion wall with volcanic rock along the street side. It’s supposed to be very effective against noise. In front of the wall, there will be a hedge to make it look nice. I think this will already achieve a lot—except for the driveway. Another point is that we designed the floor plan so that all the rooms used for long-term occupancy face the garden (to the rear, away from the street). We also plan to build with sand-lime bricks. They have a high density, which means high sound absorption. From the demolished temporary building, we know that inside a building, the noise is hardly noticeable. Also, traffic only occurs during peak hours (morning and afternoon).
Schlenk-Bär schrieb:
We are planning a gabion wall with volcanic rock at the front facing the street. It should be very effective against noise. In front of the wall, a hedge to make it look nice. It sounds plausible that gabions could be effective for this, and it almost makes me accept this ugly trend. But a hedge growing into the gabion? I can’t imagine pruning that being enjoyable.
Schlenk-Bär schrieb:
We are also planning to build with sand-lime brick. High density, therefore high sound absorption. The naive idea of a heavy stone simply absorbing sound like some blessed Buddha chancellor apparently won’t disappear from people’s minds.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
I find gabions in any form really unpleasant, just to be clear.
However, I have seen them covered with ivy (or something similar), and that looked quite okay.
If I wanted to fully hide them with a hedge, they would be too expensive for me. There are cheaper alternatives, such as precast concrete fences or a wall made of formwork blocks.
Maybe investing in improved sound insulation for the windows would be wise if noise is actually an issue. Cladding the facade with brick veneer or building it similarly solidly could also help.
However, I have seen them covered with ivy (or something similar), and that looked quite okay.
If I wanted to fully hide them with a hedge, they would be too expensive for me. There are cheaper alternatives, such as precast concrete fences or a wall made of formwork blocks.
Maybe investing in improved sound insulation for the windows would be wise if noise is actually an issue. Cladding the facade with brick veneer or building it similarly solidly could also help.
guckuck2 schrieb:
I find gabions in any form really unpleasant, just to start with. Fifty years ago, people thought glass blocks were almost like a Dior dress.
guckuck2 schrieb:
But I have seen them covered with ivy (or something like that), which was quite okay. Climbing plants are good, but I’ve noticed hedges growing unintentionally into the gaps and that trimming them out of the cages can be a tedious task.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
S
Schlenk-Bär7 Sep 2019 18:0911ant schrieb:
The naive idea of a heavy stone that blocks sound like the late Buddha chancellor seems impossible to get rid of. Ok, so you think a lightweight stone absorbs sound just as well? Thanks for providing a source for your claim. I’m happy to learn something new. 11ant schrieb:
But what about a hedge growing into the gabion? I can’t imagine trimming that being enjoyable. Nobody said that. Why always assume the worst? Leave half a meter (1.5 feet) of space between the outside of the hedge and the wall, and that’s it.S
Schlenk-Bär7 Sep 2019 19:19guckuck2 schrieb:
Cladding the facade with facing bricksYes, that too. Cladding with facing bricks was our plan, but not primarily for that reason—instead for durability and appearance. I'm just a fan of it...Similar topics