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TinaPankraz2 Dec 2015 11:26Who has experience with getting eaves height approved at 5.2 m (17 feet) for a hip roof?
We bought a plot of land earlier this year, but unfortunately, we didn’t pay attention to the fine print in the development plan.
Our permitted eaves height is 4.5 m (15 feet), or 5.2 m (17 feet) if it’s a single-pitch roof.
However, a single-pitch roof is not an option for us. We actually want to build a two-full-story house with a hip roof.
Our building plot is located in a small village in the Westerwald region, and most of the plots in the new development area are still unsold. So far, only two houses have been built there.
My question: Does anyone have experience with exemptions to get approval for an eaves height of 5.2 m (17 feet) for a hip roof?
We bought a plot of land earlier this year, but unfortunately, we didn’t pay attention to the fine print in the development plan.
Our permitted eaves height is 4.5 m (15 feet), or 5.2 m (17 feet) if it’s a single-pitch roof.
However, a single-pitch roof is not an option for us. We actually want to build a two-full-story house with a hip roof.
Our building plot is located in a small village in the Westerwald region, and most of the plots in the new development area are still unsold. So far, only two houses have been built there.
My question: Does anyone have experience with exemptions to get approval for an eaves height of 5.2 m (17 feet) for a hip roof?
There was a discussion about this here recently; you should try searching for it.
P.S. here https://www.hausbau-forum.de/threads/welcher-Haustyp.13965/
P.S. here https://www.hausbau-forum.de/threads/welcher-Haustyp.13965/
To provide accurate information, the full development plan (zoning plan) would need to be available here. It must be checked whether two-story construction is even permitted or if the development plan, through a low eaves height, specifically intends to prevent this, possibly allowing only a shed roof design. In that case, a gable roof / hip roof / pyramid roof, etc., might not be possible because it is not desired. This is also specified in the development plan.
Deviations or exemptions from the development plan must be well justified and, for example, based on a genuine hardship related to the specific plot situation ("atypical conditions"). Attempting to bypass the development plan arbitrarily is likely only feasible for highly specialized administrative law attorneys with excellent knowledge of legal texts (state building codes, land use regulations, building code, etc.).
“An exemption cannot serve as a means to disregard the planning regulation set by the municipality. It must not – at least for provisions that are fundamental to planning – be granted for reasons that could apply in many similar cases or even to all properties affected by a particular regulation (according to the Federal Administrative Court ruling of May 8, 1989 – 4 B 78/89).”
Otherwise, you will need to comply with the requirements of the development plan or hire a skilled architect who can explore and legally maximize the possibilities within the plan, or consider selling the property again.
Deviations or exemptions from the development plan must be well justified and, for example, based on a genuine hardship related to the specific plot situation ("atypical conditions"). Attempting to bypass the development plan arbitrarily is likely only feasible for highly specialized administrative law attorneys with excellent knowledge of legal texts (state building codes, land use regulations, building code, etc.).
“An exemption cannot serve as a means to disregard the planning regulation set by the municipality. It must not – at least for provisions that are fundamental to planning – be granted for reasons that could apply in many similar cases or even to all properties affected by a particular regulation (according to the Federal Administrative Court ruling of May 8, 1989 – 4 B 78/89).”
Otherwise, you will need to comply with the requirements of the development plan or hire a skilled architect who can explore and legally maximize the possibilities within the plan, or consider selling the property again.
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TinaPankraz2 Dec 2015 13:08Here is the text regarding the eaves height from the development plan:
2.1.3 Height of the Structures
The number of full storeys is set at II, with the eaves height defined at a maximum of 4.50 m (14.8 ft) above the highest ground adjacent to the building.
This specification takes into account the elevation and naturally strong exposure of the entire Beul site in the landscape.
When setting the floor level of the ground floor, the resulting impact on the design of the surrounding terrain and garden should also be considered.
In determining the eaves height, it is assumed that by developing the attic as a second full storey, optimal use of space can be achieved while keeping the building height limited.
The maximum specified eaves height is based on typical floor heights in residential construction. It prevents extreme exceedances of average heights without unnecessarily restricting the required design flexibility. Since, during the early involvement of public authorities, it was pointed out that the specified height was too low, it was reviewed again and found that for mono-pitched roof buildings, two-storey construction would not be possible. Therefore, the eaves height for mono-pitched roof buildings was increased to the necessary 5.20 m (17.1 ft).
I find it a bit odd since, with a mono-pitched roof, the 5.20 m (17.1 ft) eaves still block just as much view as a two-storey house, especially considering that the maximum building height of 9.5 m (31.2 ft) can be utilized with the mono-pitched roof.
2.1.3 Height of the Structures
The number of full storeys is set at II, with the eaves height defined at a maximum of 4.50 m (14.8 ft) above the highest ground adjacent to the building.
This specification takes into account the elevation and naturally strong exposure of the entire Beul site in the landscape.
When setting the floor level of the ground floor, the resulting impact on the design of the surrounding terrain and garden should also be considered.
In determining the eaves height, it is assumed that by developing the attic as a second full storey, optimal use of space can be achieved while keeping the building height limited.
The maximum specified eaves height is based on typical floor heights in residential construction. It prevents extreme exceedances of average heights without unnecessarily restricting the required design flexibility. Since, during the early involvement of public authorities, it was pointed out that the specified height was too low, it was reviewed again and found that for mono-pitched roof buildings, two-storey construction would not be possible. Therefore, the eaves height for mono-pitched roof buildings was increased to the necessary 5.20 m (17.1 ft).
I find it a bit odd since, with a mono-pitched roof, the 5.20 m (17.1 ft) eaves still block just as much view as a two-storey house, especially considering that the maximum building height of 9.5 m (31.2 ft) can be utilized with the mono-pitched roof.
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Bauexperte2 Dec 2015 13:09Hello Tina,
Unfortunate.
What is the permitted ridge height (RH)? Perhaps a recessed upper floor could be an interesting option for you?
I see little to no chance for you here, since the new development area has just been launched; only a few plots are currently being built on. And—don’t forget—if your request for an exception is approved, other similar requests will have to be approved as well. The planning officers will not be keen on that; they must have had a reason when drafting the zoning plan.
Best regards, Bauexperte
TinaPankraz schrieb:
Our eaves height is 4.5 m (15 feet) or, in the case of a mono-pitched roof, 5.2 m (17 feet).
However, a mono-pitched roof is not an option for us. We actually wanted to build a house with 2 full stories and a hipped roof.
Unfortunate.
What is the permitted ridge height (RH)? Perhaps a recessed upper floor could be an interesting option for you?
TinaPankraz schrieb:
My question: Does anyone have experience with exceptions to get the eaves height approved at 5.2 m (17 feet) even with a hipped roof?
I see little to no chance for you here, since the new development area has just been launched; only a few plots are currently being built on. And—don’t forget—if your request for an exception is approved, other similar requests will have to be approved as well. The planning officers will not be keen on that; they must have had a reason when drafting the zoning plan.
Best regards, Bauexperte
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