ᐅ How much living space? How many floors? Vacation home in a special-use zone

Created on: 21 Jan 2022 19:41
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Marcel0302
Hello, we are planning a holiday home in a special zoning area (Lower Saxony) with a single-story design.
Our concept:
- Flat roof
- 3 levels:
1. Basement on a slope
2. Ground floor
3. Attic floor
- Floor-to-ceiling windows throughout
- Open staircase inside the house

We submitted a preliminary building inquiry, but the response was very disappointing.

- The attic and basement are only allowed a room height of 2.15 m (7 ft).
- The attic and basement are not permitted to be used as living space.
- The open staircase inside makes it look as if the whole house is being used as living space.
- Floor-to-ceiling windows are not allowed in the attic and basement, as this gives the impression these areas are being used as living space.

We do not understand why we cannot design the attic as a setback storey with a two-thirds rule and use it as living space.
Perhaps you have some tips on how we could redesign it so that all levels can be used as living space.

Development plan provisions:

Scan eines Textdokuments mit bauplanungsrechtlichen Festsetzungen.
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Myrna_Loy
22 Jan 2022 11:52
The question is, assuming there are no other regulations, whether it would be allowed to place a two-story 7 m (23 ft) high cube with a footprint of 5 x 6 m (16 x 20 ft). 🙂
11ant22 Jan 2022 14:14
Marcel0302 schrieb:

The area is a recreational zone, therefore a special use zone.

Exactly, and within this special use zone, you can fulfill your residential building request.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
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Marcel0302
22 Jan 2022 16:18
Myrna_Loy schrieb:

The question would be, if there are no further regulations, whether it would be allowed to place a 7 m (23 feet) high, two-story cube measuring 5 x 6 m (16 x 20 feet). 🙂
Myrna_Loy schrieb:

Edit.
According to the written specifications, the maximum footprint and floor area is 65 sq m (700 sq ft). This means that the basement and attic heights must be built as non-living space, which is why the ceiling height is 2.15 m (7 feet).


Oh, okay, now I understand.
Unfortunately, there isn’t much information available online.
I only found two articles about single-story construction with limited floor area; in one case, they managed to create living space in the attic by using a set-back story.
Is there a list that specifies what can be done in rooms with a ceiling height below 2.19 m (7 feet 2 inches), such as a boiler room, hobby room, or something similar?
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Myrna_Loy
22 Jan 2022 16:21
In Section 2 of the Model Building Code (MBO), habitable rooms are defined as rooms intended or suitable for the permanent presence of people.
Non-habitable rooms, on the other hand, include storage, utility, sanitary, and other rooms with secondary functions, as well as corridors and stairwells.
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apokolok
22 Jan 2022 17:58
This is basically a kind of allotment garden.
It should also be obvious from the surrounding buildings and land use.
How can anyone think it would be possible to put a regular house there?
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Marcel0302
22 Jan 2022 19:20
apokolok schrieb:

This is basically a kind of allotment garden.
That should be obvious considering the surrounding buildings and land use.
How can anyone think that you could put a regular house there?

Because there are already three-story houses there, they just don’t have flat roofs.