ᐅ Bavaria: Inclusion of covered terraces in the floor area ratio calculation

Created on: 26 Jul 2020 00:36
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R0Li84
R
R0Li84
26 Jul 2020 00:36
Our local administration seems to have started calculating the development charges for fresh water and wastewater differently in my case.

We have a covered terrace whose area has now been fully included in the chargeable floor area ratio. Apparently, we are the first ones being charged this way.

The calculation is based on local regulations, which are largely consistent with the Bavarian model statute. It states:

(2) The floor area is to be determined based on the external dimensions of the buildings on all floors. Basements are counted at full area. Attic floors are only included if they are finished.
Buildings or independent building parts that do not require connection to the wastewater system due to their type of use, or are not allowed to be connected, are not included; this does not apply to buildings or parts of buildings that are actually connected to the wastewater system. Balconies, loggias, and terraces are excluded as long as they extend beyond the building line.

Is there anyone from Bavaria here who has recently built with a covered terrace?
It would be very interesting for me to know if other municipalities follow a similar approach. (For one of our houses in another location, the tenants recently covered the terrace, and when we asked the local authority, we were told that no contribution obligation arises from this.)

The legal advice from the Homeowners’ Association recommended letting it come to a lawsuit. (The municipal council and district office have already rejected my objection to the fee notice or informed me that it will be rejected.)
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ypg
26 Jul 2020 01:37
Covered Terrace: integrated into the house and covered by the upper floor or roof, or an external roof?
How large is the covering? Square meters (square feet)?
Where is the problem? How much money are we talking about compared to "without covering"?
R
R0Li84
26 Jul 2020 10:22
The terrace is covered with a glass roof, approximately 4x8 meters (13x26 feet). The sides are open. According to the authorities, the roof extends beyond the outer walls of the building, which is why the terrace area is now included in the calculations.
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ypg
26 Jul 2020 10:30
And how much money are we talking about that’s giving you gray hairs and making you want to complain?
In other calculations, for example floor-area ratio, the terrace is counted as part of the house.

Could it be that you can’t start building for that long?
It’s about the one-time development charge... if it’s around 1000€ (about $110), I’d just blink, pay it, and keep living happily.
R
R0Li84
26 Jul 2020 10:48
The building is already completed, and the amount is irrelevant. What interests me is whether the invoice is justified or not.
Y
ypg
26 Jul 2020 10:57
However, a homeowner here can hardly give you advice about your house construction. There are missing data, facts, and so on.
And honestly: don’t worry about problems that don’t exist. You still have the chance to learn something like this. If you focus too much on minor details and invest too much time, life can become very uncomfortable.
That’s why I’m stepping away from this thread now.
Good luck.