ᐅ Bavaria: Inclusion of covered terraces in the floor area ratio calculation
Created on: 26 Jul 2020 00:36
R
R0Li84
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.)
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.)
The Viel Glück court has decided in my favor today. Anyone who has the phrase "Balconies, loggias, and terraces are excluded from assessment if and to the extent that they extend beyond the building line" in their BGS/WAS (this is included in the model BGS/WAS) can be pleased. Contrary to current practical recommendations (Thimet), these elements must now be exempt from charges according to the ruling issued today! If anyone happens to be dealing with this topic at the moment—a formal objection could be worthwhile, as the basis for this billing method has now been removed.
G
Gecko192711 Nov 2022 15:44Thank you for your feedback.
I recently dealt with this issue myself, although the terrace was not a factor here.
Overall, I find it unfair that the costs for sewer construction are calculated based on the building’s floor area including the basement. How is the building size related to the amount of wastewater being discharged? Why isn’t this financed according to actual water consumption or discharge?
In my town, the fee is 20€/m² (20 €/ft²). For an 80m² (860 ft²) ground floor area with a basement, that adds up to 4,800€ for sewer construction fees alone. That covers only the wastewater; in addition, there is a charge of 2.5€/m² (2.5 €/ft²) for stormwater runoff based on the property area, plus 3.5 €/m³ (3.5 €/yd³) for the water connection.
I recently dealt with this issue myself, although the terrace was not a factor here.
Overall, I find it unfair that the costs for sewer construction are calculated based on the building’s floor area including the basement. How is the building size related to the amount of wastewater being discharged? Why isn’t this financed according to actual water consumption or discharge?
In my town, the fee is 20€/m² (20 €/ft²). For an 80m² (860 ft²) ground floor area with a basement, that adds up to 4,800€ for sewer construction fees alone. That covers only the wastewater; in addition, there is a charge of 2.5€/m² (2.5 €/ft²) for stormwater runoff based on the property area, plus 3.5 €/m³ (3.5 €/yd³) for the water connection.
Hello R0LI84!
We’re really glad you shared your issue here, because we’re dealing with exactly the same problem.
We already won with the permits for our garage, so it was definitely worth standing our ground. Now they want us to pay for the patio roof. The local authority rejected our appeal and plans to forward it to the district office for a paid review.
Maybe you could send me your ruling or case number? That would save us a lot of trouble!
Thanks so much in advance!
Best regards,
Julia :-)
We’re really glad you shared your issue here, because we’re dealing with exactly the same problem.
We already won with the permits for our garage, so it was definitely worth standing our ground. Now they want us to pay for the patio roof. The local authority rejected our appeal and plans to forward it to the district office for a paid review.
Maybe you could send me your ruling or case number? That would save us a lot of trouble!
Thanks so much in advance!
Best regards,
Julia :-)
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