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?
W
wiltshire20 Feb 2025 18:53The building authority cannot prohibit you from working in a certain location. However, it can forbid you from setting up commercial premises in a purely residential area. These regulations can be restrictive in some cases, but overall they are reasonable. When you register a business, you also provide information about its purpose. If it is clear that you will neither cause noise emissions nor have customer or logistics traffic, a decision may still be made in your favor.
If your business requires registration, you will also be a member of a professional chamber. The Chamber of Commerce and Industry (IHK) can provide specific assistance.
If your business requires registration, you will also be a member of a professional chamber. The Chamber of Commerce and Industry (IHK) can provide specific assistance.