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?
tom_tom schrieb:
The letter from the building authority also points out that "since the development plan designates a general residential area, exceptions according to § 4 paragraph 3 of the Land Use Ordinance are excluded." So, I think something is being misread or misinterpreted by you.
If you are sitting solely at a desk, without customer contact, etc., then you are not listed under paragraph 3 and do not need a special permit. You don’t have to be listed either. Paragraph 3 does not apply to you at all.
After all, it is not a purely residential area, but a general residential area.
Your case is already covered in the very first sentence, namely by the word “predominantly.” And there is no reason not to approve desk jobs. If there happens to be a diligent trainee at the building authority right now, in my opinion, she deserves some discipline.
tom_tom schrieb:
@ypg I thought so too at first. Unfortunately, it’s not that simple. Please try googling "The situation is somewhat different if you live in a general residential area." The first website in the results offers a good explanation.Why are you reading a marketing page of a rental company from Ahrensburg (SH) when you are from Bavaria? That won’t give you any legal certainty.tom_tom schrieb:
Nevertheless, the building authority has now written to me:
"The commercial use of the office in the basement is not permitted because the development 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 exemption for use as a non-disruptive commercial enterprise. Accordingly, only a home office is allowed."Ah, I missed that. They have already rejected it.Well, I would consider appealing against this decision.