ᐅ Approval office in the basement – Self-employed (digital work only)
Created on: 19 Feb 2025 12:15
T
tom_tom
I 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?
Is this about tax deductions or just the building permit / planning permission?
That’s what I thought too: asking too many questions usually leads to the wrong answers.
If it’s not about tax deductions (how much are we talking about monthly?),
I would declare something upstairs as a home office and list a hobby room downstairs.
In the end, it doesn’t matter whether there are partition walls inside or not, or what the rooms are ultimately used for.
11ant schrieb:
Who would want to wake the sleeping dog in the building authority?
That’s what I thought too: asking too many questions usually leads to the wrong answers.
If it’s not about tax deductions (how much are we talking about monthly?),
I would declare something upstairs as a home office and list a hobby room downstairs.
In the end, it doesn’t matter whether there are partition walls inside or not, or what the rooms are ultimately used for.
M
MachsSelbst19 Feb 2025 19:42tom_tom schrieb:
And what if there’s a fire? What will the insurance say then?
It’s purely about the permit. Removing it is not that important. Then you probably bought a lemon. You can’t eliminate all risks...
If you want to be 100% compliant, relocate the room upstairs, get it approved, and set it up exactly as approved.
tom_tom schrieb:
What does the insurance say then?Which one? Life insurance or building insurance?For the building and contents insurance, it should not matter.
The only requirement is that your mentioned and well-explained emergency exit
tom_tom schrieb:
a sufficiently large emergency exit as a second means of escapeis accessible. You are not supposed to sleep there or have children sleep there, but only work.tom_tom schrieb:
OK.
Do you think the building authority can actually prohibit me from working from home in my case?No, they cannot if the public cannot perceive it.