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]
M
Marcello
12 Jan 2018 15:32
11ant schrieb:
You will probably need to discuss approval-related issues with the house provider, but technical matters with the basement contractor.

So, I have to bring both to the table at the same time for a meeting? Or organize a conference call? Or try to get them to coordinate with each other? How does that usually work?
11ant schrieb:
The district administrator will probably shake their head at the municipality and mentally replace “foundation slab” only with basement-free houses and substitute that here with “OKKD.”


That’s exactly what they’ll do if I were to take legal action (which I still don’t plan to do—just theoretically). If they make that substitution, everything remains as it is now, at least from my point of view. The city then has a “clean” development plan, which doesn’t benefit anyone anymore since everything has already been built. So I don’t need to bother the district administrator about that.
11ant schrieb:
That’s exactly why the requirement for definiteness was “invented.”


What was that exactly again?

By the way, the entrance will be on the existing side, facing north. The living area will face south.

They really don’t make it easy...

@Escroda: I’ll reply separately to your answer.
11ant12 Jan 2018 16:00
"Landrat" referred to the assumption that the ultimately responsible approval authority here is the district administration, which may be regulated differently depending on the federal state.

"Principle of clarity" means that laws and regulations must not use vague terms. For example, "center of X" or "center of Y" is acceptable, but not "center of pickanywhere" or "center of knowwhere." For instance, "the height of the manhole cover closest to the property on the entrance side" would be a clear height reference point. Or "top edge of the basement ceiling (or slab foundation in buildings without basements)" would be a "definite" term.

If a development plan specifies a knee wall (dwarf wall) or the wall height, or in the case of a flat-roofed house, the eave height, this does not affect its validity.
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