ᐅ Approval office in the basement – Self-employed (digital work only)
Created on: 19 Feb 2025 12:15
T
tom_tomI am currently feeling very frustrated and hope to get your ideas and experiences.
Although I am officially self-employed, I work alone at my computer digitally, without any physical goods, and without receiving business partners or clients at home. In my opinion, this activity corresponds more to that of a freelancer working from a home office at a computer.
Nevertheless, the building authority has informed me:
“The commercial use of the office in the basement is not permitted because the development plan designates the area as a general residential zone, and the exceptions according to § 4 para. 3 of the Federal Land Utilization Ordinance (Baunutzungsverordnung) do not apply. Therefore, we cannot grant an exception for use as a non-disruptive commercial enterprise. Accordingly, only a domestic study or home office is possible.”
Does this mean my situation would actually qualify as a “domestic study” or home office? What do you think?
Although we had planned with the architect a large concrete light well with a big window meeting the minimum window area requirements, the correct maximum sill height, and a suitably sized emergency exit as a second escape route, the building authority further states:
“The lighting of the room in the basement via the light well is insufficient according to the technical officer’s assessment. It is only sufficient if there is 1.0 m (3.3 ft) of level ground followed by a slope at a 45° angle relative to ground level to allow light penetration. For appropriate lighting, the plan must be revised and resubmitted so that we can review whether an exemption from the development plan is possible. A waiver procedure would no longer be possible because the development plan’s stipulations regarding excavations/slopes cannot be met.”
Currently, our building authority requires 1 to 1.5 years for a building permit according to an architect. We wanted to accelerate this process through the waiver procedure if possible. Additionally, I did not want to implement the requested lighting solution for the office.
Planning the office outside the basement would significantly increase costs. Any creative ideas?
What would you do?
Although I am officially self-employed, I work alone at my computer digitally, without any physical goods, and without receiving business partners or clients at home. In my opinion, this activity corresponds more to that of a freelancer working from a home office at a computer.
Nevertheless, the building authority has informed me:
“The commercial use of the office in the basement is not permitted because the development plan designates the area as a general residential zone, and the exceptions according to § 4 para. 3 of the Federal Land Utilization Ordinance (Baunutzungsverordnung) do not apply. Therefore, we cannot grant an exception for use as a non-disruptive commercial enterprise. Accordingly, only a domestic study or home office is possible.”
Does this mean my situation would actually qualify as a “domestic study” or home office? What do you think?
Although we had planned with the architect a large concrete light well with a big window meeting the minimum window area requirements, the correct maximum sill height, and a suitably sized emergency exit as a second escape route, the building authority further states:
“The lighting of the room in the basement via the light well is insufficient according to the technical officer’s assessment. It is only sufficient if there is 1.0 m (3.3 ft) of level ground followed by a slope at a 45° angle relative to ground level to allow light penetration. For appropriate lighting, the plan must be revised and resubmitted so that we can review whether an exemption from the development plan is possible. A waiver procedure would no longer be possible because the development plan’s stipulations regarding excavations/slopes cannot be met.”
Currently, our building authority requires 1 to 1.5 years for a building permit according to an architect. We wanted to accelerate this process through the waiver procedure if possible. Additionally, I did not want to implement the requested lighting solution for the office.
Planning the office outside the basement would significantly increase costs. Any creative ideas?
What would you do?
Register the company headquarters nominally at a different address (mailbox, etc.), and declare a room as a home office.
The other issue can certainly be answered better when the plans are available. Possibly do not declare it as a home office at all, but only as a utility area of the basement? However, in that case, it would no longer be possible to claim it for tax purposes.
The other issue can certainly be answered better when the plans are available. Possibly do not declare it as a home office at all, but only as a utility area of the basement? However, in that case, it would no longer be possible to claim it for tax purposes.
tom_tom schrieb:
Although I am officially self-employed, I work alone at my computer digitally, without physical goods, and without receiving business partners or clients at home. In my opinion, this activity corresponds to that of a freelancer working from a home office at a computer.
However, the building authority has now informed me:
“The commercial use of the office in the basement is not permitted because the zoning plan designates a general residential area, and the exceptions according to § 4 paragraph 3 of the Land Use Ordinance are excluded. Therefore, we cannot grant an exception for use as a non-disruptive commercial business. Thus, only a domestic workspace would be allowed.” Harakiri schrieb:
Formally register the company headquarters elsewhere (mailbox address, etc.) and declare the room as a domestic workspace (“home office”).
The other issue could probably be better addressed if the plans are seen. Possibly do not even declare it as a workspace, but just as a usable area of the basement? However, this would no longer be deductible for tax purposes. Who would want to wake the sleeping dog at the building authority?
Company headquarters at a mailbox on Taka Tuka Island, sure — but I see no connection between the building use and tax treatment. Or has the tax office recently started sending comparison notices to building authorities to check if the declared workplaces comply with building regulations?
If the tax office is no longer grateful for your taxes: you can still go offshore right outside your front door in the UK, then at home it’s just a domestic workspace.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
When declaring the room as a "home office," the building authority still requires this significant structural modification, solely for natural light access, which means the simplified approval process can no longer be used. However, I have also read that a workspace does not need to have a lot of light if you can prove that it is disruptive. In my experience, light is often distracting when working on a computer. A large concrete light well would have been ideal.
What if I declare the room as a hobby room instead? Do you think serious issues could actually arise? In case of fire, the emergency exit is correctly sized and constructed according to Bavarian building regulations. The ceiling height also meets the requirements for a living space. Would the insurer still cause problems? The only difference is that I would not have complied with the natural light requirements.
What if I declare the room as a hobby room instead? Do you think serious issues could actually arise? In case of fire, the emergency exit is correctly sized and constructed according to Bavarian building regulations. The ceiling height also meets the requirements for a living space. Would the insurer still cause problems? The only difference is that I would not have complied with the natural light requirements.
M
MachsSelbst19 Feb 2025 19:02My home office was labeled as a "guest room" in all the plans submitted to the building authority and throughout the entire construction process. Since dealing with potential tax office issues wasn’t worth it to me, I don’t declare it as a home office on my tax return either...
A perfect example of when it’s better not to ask.
Now, declaring the same space as a hobby room... the staff at the building authorities are not naïve.
Is it true that a home office cannot be artificially lit only?
Germany in late winter 2025, where building authorities tell me how and where I have to work... well, I could... well...
What’s wrong with simply moving the office to a room on the ground floor or upper floor? I know so many people who list their storage closet as a home office and then spend the entire day before an announced visit from the tax office (or building authority) busily rearranging everything...
A perfect example of when it’s better not to ask.
Now, declaring the same space as a hobby room... the staff at the building authorities are not naïve.
Is it true that a home office cannot be artificially lit only?
Germany in late winter 2025, where building authorities tell me how and where I have to work... well, I could... well...
What’s wrong with simply moving the office to a room on the ground floor or upper floor? I know so many people who list their storage closet as a home office and then spend the entire day before an announced visit from the tax office (or building authority) busily rearranging everything...
That’s what you get when you’re honest and naïve enough to think you can get a realistic approval for a home office by following all the building code details. No, even then the local authorities have their own extra rules. Poor Germany.
Then there’s probably no other option but to relocate the room upstairs. This results in significantly higher overall costs for the house because additional space needs to be created.
Then there’s probably no other option but to relocate the room upstairs. This results in significantly higher overall costs for the house because additional space needs to be created.
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