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?
Legally, it makes no sense to deny a use requested in a residential area (WA) simply because it would be rejected in a general residential zone (WR).
However, it is also unreasonable to base your well-being on whether you can move your office into your de facto basement.
No one can prevent you from having a room for handling tax documents with an online tax portal connection (also used for online banking, equipped with an answering machine and fax). But aiming to live in a basement cell with only dim light coming through a basement window, working full-time under such conditions, is not something you should seriously pursue by any means.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
However, it is also unreasonable to base your well-being on whether you can move your office into your de facto basement.
No one can prevent you from having a room for handling tax documents with an online tax portal connection (also used for online banking, equipped with an answering machine and fax). But aiming to live in a basement cell with only dim light coming through a basement window, working full-time under such conditions, is not something you should seriously pursue by any means.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
In der Ruine20 Feb 2025 06:14Just a question out of curiosity.
What do workers do at 5:00 PM in winter? Are they not allowed to work by the window anymore due to lack of daylight?
Or what about the supermarket cashier in the windowless Penny store?
There are large area lights that simulate daylight. Why do workplaces insist on “real” light?
What do workers do at 5:00 PM in winter? Are they not allowed to work by the window anymore due to lack of daylight?
Or what about the supermarket cashier in the windowless Penny store?
There are large area lights that simulate daylight. Why do workplaces insist on “real” light?
HausiKlausi20 Feb 2025 07:57I still believe there has been a major misunderstanding at some desk in your building authority. During the development of the zoning plan, it was probably reasonable to assume that cosmetic studios or small insurance agencies would not be operated in the rear part of the building. This good intention is now driving decisions, but these general measures, in my opinion, do not take into account the diversity of professional activities. From my point of view, this is not justifiable from a construction law and/or administrative law perspective. Or, as @11ant aptly put it: nonsense.
In der Ruine schrieb:
Why is natural daylight required for a workplace?This relates to the definition of a habitable room. This also affects ventilation.In der Ruine20 Feb 2025 12:11ypg schrieb:
It's about the definition of a living space. This also affects ventilation.There is also mechanical ventilation for residential spaces.In der Ruine schrieb:
There is also controlled residential ventilation.But not according to building regulations, state building codes, or similar. You asked in general.