Hello everyone,
We have purchased a rather complicated infill plot within an existing neighborhood. Originally, the plan was to divide the lot and build two “townhouses” on it – but that won’t work because, due to rejections from the building authority, the ground floor area is not large enough to allow for barrier-free living. The solution now is a two-family house with the upper apartment planned for future rental.
The challenge: this concerns a closed building structure. However, the footprint is too large for us to fully close the gap (14.5m (48 feet) wide), AND according to the building authority, in order to secure two parking spaces, a driveway to the garden must be maintained.
This led to the idea of redesigning the carport as the main use so that, according to several rulings, no setback area is required. See below.
We asked the building authority about this, and received the following “proposal,” which we would now like to implement since it is a cost-effective alternative to closing the gap.
“To close the gap, it is not sufficient to simply build a ‘concrete slab’ as a carport (as we had suggested, see picture).
One potential solution is to build a roof terrace on both the first and second floors: a two-story terrace with concrete parapets each. From an urban planning perspective, this could be a solution to maintain the closed building structure, pending final approval. Firewalls would be located on the property boundary, for example, 3x3 meters (10x10 feet).
You would then access the upper terrace from the top floor and the first-floor terrace as shown in my initial sketch.
Unfortunately, the architect friend who is helping us is currently on vacation and the contact person at the building authority will only be available in two weeks…
Has anyone implemented something like this and can offer advice?
The visual aspect is not very important to us at this point. What we need now is an affordable solution…
Thank you for any constructive ideas and for sharing your experience to help us with our issue.
Ruling: “The applicable regulation is the current setback law. According to this, the garage with the rooftop terrace is not permitted within the setback areas and is not likely to be approved, especially since it is not a permitted boundary garage under § 6 para. 11 sentence 1 of the NRW building code. This is already clear because the average wall height exceeds 3 m (10 feet). In addition, a permitted boundary garage loses this classification when a terrace is built on its roof…”
We have purchased a rather complicated infill plot within an existing neighborhood. Originally, the plan was to divide the lot and build two “townhouses” on it – but that won’t work because, due to rejections from the building authority, the ground floor area is not large enough to allow for barrier-free living. The solution now is a two-family house with the upper apartment planned for future rental.
The challenge: this concerns a closed building structure. However, the footprint is too large for us to fully close the gap (14.5m (48 feet) wide), AND according to the building authority, in order to secure two parking spaces, a driveway to the garden must be maintained.
This led to the idea of redesigning the carport as the main use so that, according to several rulings, no setback area is required. See below.
We asked the building authority about this, and received the following “proposal,” which we would now like to implement since it is a cost-effective alternative to closing the gap.
“To close the gap, it is not sufficient to simply build a ‘concrete slab’ as a carport (as we had suggested, see picture).
One potential solution is to build a roof terrace on both the first and second floors: a two-story terrace with concrete parapets each. From an urban planning perspective, this could be a solution to maintain the closed building structure, pending final approval. Firewalls would be located on the property boundary, for example, 3x3 meters (10x10 feet).
You would then access the upper terrace from the top floor and the first-floor terrace as shown in my initial sketch.
Unfortunately, the architect friend who is helping us is currently on vacation and the contact person at the building authority will only be available in two weeks…
Has anyone implemented something like this and can offer advice?
The visual aspect is not very important to us at this point. What we need now is an affordable solution…
Thank you for any constructive ideas and for sharing your experience to help us with our issue.
Ruling: “The applicable regulation is the current setback law. According to this, the garage with the rooftop terrace is not permitted within the setback areas and is not likely to be approved, especially since it is not a permitted boundary garage under § 6 para. 11 sentence 1 of the NRW building code. This is already clear because the average wall height exceeds 3 m (10 feet). In addition, a permitted boundary garage loses this classification when a terrace is built on its roof…”
You are packing a lot of separate pieces of information into your post, which basically leaves me completely confused. Is this a designated development area, and is a continuous building structure (with housing clusters or terraced houses) required for the plot? I can hardly reconcile the idea of a “continuous building” with “side boundary setback.” Without significantly more information (such as the development plan, cadastral extract, aerial photo, etc.), I think you will be waiting a long time for help. Even professionals lack essential basic information in this case.
… also mentally overwhelms me.
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Baufrau23 schrieb:
because the building authority’s rejections mean the ground floor area is not sufficient for barrier-free living.
… also mentally overwhelms me.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Therefore, the idea arose to rearrange a carport as the primary use so that, according to various court rulings, no setback area is required. See below.
We have now inquired with the building authority about how this is handled and received the following "suggestion," which we would now like to implement, as it is a cost-effective alternative to closing the building gap.
“To close the building gap, it is not sufficient to build a ‘simple concrete slab’ as a carport (as we initially proposed, see picture).
One proposed solution is to build a roof terrace on both the first and second floors: a two-story design with a concrete parapet on each level. This could be a solution—still subject to final approval—that complies with urban development regulations to ensure a closed building style. Fire walls on the property boundary. For example, 3x3 meters (10x10 feet).
You can then access the upper terrace from the top floor and the first-floor terrace as shown in my initial sketch from the first floor.
Thank you for your message. Maybe you are not the right person to answer my question. If someone has already dealt with this topic, I imagine it should be understandable. Closed building is very specifically defined. Building attached to neighbors on the left and right… without setbacks. How do I build the walkable carport with roof terrace directly attached to the neighboring house, two stories high, on the first floor and upper floor with a concrete parapet?
See the sketch—where the simple carport is drawn. What must be considered? Does anyone have experience or tips that go beyond the court rulings?
What information is missing? Perhaps that the building line along the front street must be observed. But even that seems irrelevant to this question from my perspective…
We have now inquired with the building authority about how this is handled and received the following "suggestion," which we would now like to implement, as it is a cost-effective alternative to closing the building gap.
“To close the building gap, it is not sufficient to build a ‘simple concrete slab’ as a carport (as we initially proposed, see picture).
One proposed solution is to build a roof terrace on both the first and second floors: a two-story design with a concrete parapet on each level. This could be a solution—still subject to final approval—that complies with urban development regulations to ensure a closed building style. Fire walls on the property boundary. For example, 3x3 meters (10x10 feet).
You can then access the upper terrace from the top floor and the first-floor terrace as shown in my initial sketch from the first floor.
11ant schrieb:
You are packing a bunch of individual pieces of information into your post, which basically leaves me completely confused. Is this a development plan area, and is closed building (with housing clusters or townhouses?) required for this property? - I can’t quite reconcile ‘closed building’ with ‘side setback.’ Without significantly more information (development plan, cadastral map, aerial photo, ...) I see you waiting a long time for help. Essential basics are missing, especially for experts.
... Also mentally overwhelms me.
Thank you for your message. Maybe you are not the right person to answer my question. If someone has already dealt with this topic, I imagine it should be understandable. Closed building is very specifically defined. Building attached to neighbors on the left and right… without setbacks. How do I build the walkable carport with roof terrace directly attached to the neighboring house, two stories high, on the first floor and upper floor with a concrete parapet?
See the sketch—where the simple carport is drawn. What must be considered? Does anyone have experience or tips that go beyond the court rulings?
What information is missing? Perhaps that the building line along the front street must be observed. But even that seems irrelevant to this question from my perspective…
Baufrau23 schrieb:
If someone has already dealt with this topic, I imagine it should be understandable.I’m afraid your assumptions are incorrect. Baufrau23 schrieb:
Closed construction method is quite clearly defined. Building attached to neighbors on the left and right... without setback distances.Right. So why are you planning the main building with a setback? Baufrau23 schrieb:
How do I build a walkable carport with a roof terrace directly attached to the neighboring house, double-stacked on the first floor and upper floor, with a concrete parapet?To answer that question precisely, you need to know the entire development plan, if one exists. Otherwise, information about the surrounding buildings is necessary. Baufrau23 schrieb:
What needs to be considered?... that the entire building is constructed on the property line. Baufrau23 schrieb:
Does anyone have experience or tips beyond the court ruling?The court ruling has nothing to do with your problem. Baufrau23 schrieb:
Which data is missing?- The development plan / zoning map - The neighboring buildings
- The building classification
- A site plan (extract from the cadastral map) of the entire plot with area specification
Baufrau23 schrieb:
However, the footprint is too large for us to completely close the gap (14.5m (48 feet) wide).Why? Baufrau23 schrieb:
According to the building authority, we need to secure a passage to the garden to guarantee around 2 parking spaces.Is that only because of the parking spaces or also because of a second emergency exit? Baufrau23 schrieb:
to rearrange a carport as the main useHow should I understand that? Baufrau23 schrieb:
One possible solution is:Is that a suggestion from the building authority?Good morning,
thank you for your time. Yes, this is the proposal from the building authority. That’s why I thought focusing on this point would be enough, and that someone familiar with the topic would be able to help. The ruling is the opposite of our case. A garage with a roof terrace counts as a primary use (instead of a typical auxiliary building since it is for human occupancy) of the structure and, in the case of detached construction, it is not allowed to be built on the property boundary. We have to build on the boundary (attached construction) and would like to take advantage of this ruling.
I will wait until our architect returns. I probably underestimated the complexity.
I will delete this topic — if I can figure out how — so that no more people spend time on it.
Best regards and all the best.
thank you for your time. Yes, this is the proposal from the building authority. That’s why I thought focusing on this point would be enough, and that someone familiar with the topic would be able to help. The ruling is the opposite of our case. A garage with a roof terrace counts as a primary use (instead of a typical auxiliary building since it is for human occupancy) of the structure and, in the case of detached construction, it is not allowed to be built on the property boundary. We have to build on the boundary (attached construction) and would like to take advantage of this ruling.
I will wait until our architect returns. I probably underestimated the complexity.
I will delete this topic — if I can figure out how — so that no more people spend time on it.
Best regards and all the best.
Baufrau23 schrieb:
That’s why I thought focusing on this point would be enough and someone familiar with the topic would respond. You have found someone familiar with the topic. They basically gave you a checklist of what information they still need to be able to help you competently. It’s a shame if this level of service isn’t already paradise for you :-(
Baufrau23 schrieb:
The judgment is the reverse conclusion for our case. "Minus times minus equals plus" won’t get you very far here—except to misleading reversals. You cannot simply meet airtight building requirements by constructing things that are “forbidden in open construction.” Why don’t you answer basic questions that can make significant differences? For example, a garage alone would suffice for a terraced house even without a terrace (or workshop), but that’s not the case with a cluster housing development.
You can’t rely on legal rulings here—but you can make use of a surveyor who won’t just feed you facts and serve you ready-made expert suggestions, but will also take over the thinking about which facts are necessary.
With some people, I get the impression they like their own blonde stereotype...
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
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