ᐅ Building height of 8.5 meters with a basement and two full floors?

Created on: 4 Jan 2018 08:10
M
Marcello
Hello,

we have purchased a plot of land where the maximum building height is limited to 8.50 m (28 feet). Our currently self-designed dream house includes a basement and two full floors.

The development plan defines the building height as follows: "The maximum building height, measured from the top edge of the ground slab, must not exceed 8.5 m."

My question: Is my following calculation and reasoning correct, or am I making a (beginner) mistake here?

0 m ground slab of basement, as top edge of ground slab = 0 m
+ 2.60 m basement floor height = 2.60 m (8.5 feet)
+ 2.80 m ground floor height = 5.40 m (17.7 feet)
+ 2.80 m upper floor height = 8.20 m (26.9 feet)
+ 0.30 m flat roof = 8.50 m (28 feet)

I have one or two more ideas that I would like to discuss here, but first I need to know if the current calculation is correct at all or if I have already misunderstood something at this point.
[I]
T
toxicmolotof
4 Jan 2018 23:34
Escroda schrieb:
Could you explain that in more detail?
Simply read the two sentences separated by paragraphs as what they are. Two separate paragraphs.

You were explicitly excluded from the statement as a layperson.
11ant5 Jan 2018 01:12
toxicmolotow schrieb:
Two separate paragraphs.
That’s also how I read it: as confirmation of Escrodas’s statement, with a blank line indicating that layperson speculations shed little light.
Marcello schrieb:
There are different statements, also here in the thread.
You just have to read the plan correctly, both image and text. Don’t be bothered by awkward wording—the council members probably aimed to keep it understandable. Many homeowners build today without a basement, using a "slab foundation." Its top edge is the top of the concrete slab—otherwise, with a rough subfloor, some laypeople might wonder if it means the top of the screed beneath the tile adhesive. The zoning plan certainly doesn’t intend that houses with basements should be one floor lower. You will also encounter other term confusions, such as "wall height" used to mean the eave height on flat-roof buildings, and similar cases.
Marcello schrieb:
"For the Müller family, we approve
You don’t need to worry about that, as there is the principle of binding discretion = the same decision is made in the same situation.

To summarize:
You may build the upper floor regardless of “with or without basement.”
Due to different reference levels for eave height and building height (for pitched roofs: practically “ridge height”), calculating knee wall height and roof pitch may get a bit tricky to optimize.
Your municipality is neither the first nor the last whose zoning plans require reading three times.
You will find a good orientation in Ecroda’s posts, who has professional experience in this area and clearly distinguishes between knowledge and assumptions.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
E
Escroda
5 Jan 2018 08:30
toxicmolotow schrieb:
You were explicitly excluded from the statement as a layperson.

Even so-called experts sometimes write nonsense, which is why I wanted to prevent misunderstandings with my question.
Marcello schrieb:
There are various statements, even here in this thread.

Here in the thread, only you are referring to the basement floor slab. Who else shares your view?
Marcello schrieb:
Since I am still in the preliminary planning stage and therefore don’t have a planner yet,

If the planner has not already submitted applications in this development plan area, they won’t be able to give you any binding information either.
Marcello schrieb:
I think the municipality is also obliged to provide clarity here somewhere

Yes, see §18 of the land use ordinance. There should be a current explanatory report on the development plan that clarifies each regulation again. Maybe there is a clearer formulation there. If you have the time and interest, you could visit the town hall and read through the current report and ask an employee for explanations if needed. You don’t have to identify yourself or specify the property concerned, even though I don’t share your concerns about waking sleeping dogs.

Not entirely serious but possible: If you have strong nerves, you could simply submit the building permit application and, if rejected, challenge the legal validity of the development plan. There have been cases where courts declared development plans invalid due to vague provisions.
T
toxicmolotof
5 Jan 2018 11:56
Escroda schrieb:
Even so-called experts sometimes write nonsense, which is why I wanted to prevent misunderstandings with my question.

This was, of course, only referring to your post in this thread. I don’t know if you write nonsense elsewhere. :-p

Okay, now enough off-topic.
M
Marcello
10 Jan 2018 08:57
Hello everyone, and first of all, thank you very much for your helpful answers. I spoke with the city planning department.

Here is the situation:
  • 8.5 meters (28 feet) "building height" measured from the top edge of the basement floor slab.
  • Buildings with a basement plus two full stories are therefore "forced" to have a flat roof.
Now my question: How do you evaluate this regulation by the municipality? I unfortunately lack experience in this area and would of course comply with the rules.

Also: Is the 8.5 meters (28 feet) height limit sufficient, and are the story heights/calculated dimensions realistic? Underfloor heating and proper insulation on the roof would be nice to have.

Basement: 2.60 meters (8.5 feet)
Ground floor: 2.80 meters (9.2 feet)
Upper floor: 2.80 meters (9.2 feet)
Roof: 0.30 meters (1 foot) <=== ???
M
Marcello
10 Jan 2018 09:05
And I have another question: For our building plot, the eave height of 6 meters has been specified. We have leveled the plot ourselves. First, here is the excerpt from the development plan:

"The specified maximum eave height refers to the height measured from the street surface edge adjacent to the building plot, taken at the street center in front of the middle of the plot."

We have measured these two points. The street surface at the middle of the plot is about 1 meter (3 feet) higher. Do I understand correctly that my eave can then be 7 meters (23 feet) above the ground? Or in other words, if I stand in front of my building, I will see two full floors (~ 6 meters / 20 feet) sitting on a basement that sticks out about 1 meter (3 feet) above the ground?