Hello everyone!
Our construction project is currently at a standstill. We are building with a provider using lightweight expanded clay aggregate in a prefabricated system and have now signed the contract, including the architectural planning. Since our municipality – according to their own statement – no longer processes preliminary building enquiries and only a determination statute applies to our plot, which does not regulate roof types at all, a friendly official from the building authority informed us that Section 34 applies here.
We have a free design in the Bauhaus style – with, logically, a flat roof.
On the street where our plot is located – a very small village with fewer than 180 inhabitants, in Bavaria – there is currently one very modern wooden house with a "gable roof" (so flat that it can hardly be called a gable roof anymore), one classic Tuscan-style house with a hipped roof, and two houses with gable roofs.
So far, so good.
The building authority’s statement:
“From our side, there is an OK – but what the building committee says… that’s uncertain and cannot be predicted.”
“If it were a gable roof, it would be approved straightforwardly, but since it’s not… we prefer not to give an assessment.”
The district office’s statement:
“We follow the municipal consent – if you have that, we will give fast approval.”
“If you don’t have it, there will definitely be a refusal.”
Now the question for us is:
Should we submit the building application as it is and wait to see what the building committee says?
Or should we redesign right away?
However, redesigning would mean EVERYTHING would have to change.
A gable roof simply does not fit with Bauhaus architecture at all…
We just don’t want to waste unnecessary time fighting for a building permit if it turns out to be a hopeless cause. How would you assess this situation?
Our construction project is currently at a standstill. We are building with a provider using lightweight expanded clay aggregate in a prefabricated system and have now signed the contract, including the architectural planning. Since our municipality – according to their own statement – no longer processes preliminary building enquiries and only a determination statute applies to our plot, which does not regulate roof types at all, a friendly official from the building authority informed us that Section 34 applies here.
We have a free design in the Bauhaus style – with, logically, a flat roof.
On the street where our plot is located – a very small village with fewer than 180 inhabitants, in Bavaria – there is currently one very modern wooden house with a "gable roof" (so flat that it can hardly be called a gable roof anymore), one classic Tuscan-style house with a hipped roof, and two houses with gable roofs.
So far, so good.
The building authority’s statement:
“From our side, there is an OK – but what the building committee says… that’s uncertain and cannot be predicted.”
“If it were a gable roof, it would be approved straightforwardly, but since it’s not… we prefer not to give an assessment.”
The district office’s statement:
“We follow the municipal consent – if you have that, we will give fast approval.”
“If you don’t have it, there will definitely be a refusal.”
Now the question for us is:
Should we submit the building application as it is and wait to see what the building committee says?
Or should we redesign right away?
However, redesigning would mean EVERYTHING would have to change.
A gable roof simply does not fit with Bauhaus architecture at all…
We just don’t want to waste unnecessary time fighting for a building permit if it turns out to be a hopeless cause. How would you assess this situation?
The legal situation has been clearly settled by the highest courts, but some officials still ignore this even today.
The requirement to conform under §34 does not extend to the roof shape, since the roof shape can only be regulated by state building regulations in a design statute, not by national building law, even within development plan areas. If there is no design statute, the roof shape can be freely chosen.
So, if your concerns are only about the roof shape, you can relax and submit your application.
The requirement to conform under §34 does not extend to the roof shape, since the roof shape can only be regulated by state building regulations in a design statute, not by national building law, even within development plan areas. If there is no design statute, the roof shape can be freely chosen.
So, if your concerns are only about the roof shape, you can relax and submit your application.
We had similar concerns. But they were completely unfounded. Paragraph 34, no flat roof so far, rural municipality (although at least a district town). The flat roof was approved without any issues. Questions were always about other points (terrain modeling on a slope). You don’t want the Bauhaus style without reason, so give it a try.
T
ttiggerin20 Jan 2020 22:07Was there any result on this? I would be very interested personally!
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