ᐅ Exemption Order Rejected – Without Explanation?

Hello everyone,

I have a question regarding the next steps. Our new build is fully planned and, according to the architect, completely compliant with the development plan. We have signed all documents and applied to the municipality for an exemption from the building permit process (§ 67 Building Code NRW).

Now, five days after submitting the application, the official handling it contacted me to say that "a building permit procedure is required for the project as planned." The only reason given is: "In my opinion, the planned project is not single-story. The basement level is designed as a full story."

Here are my questions:
1. Is this a sufficient reason? Shouldn’t he specify exactly what makes the basement a full story in his view?
2. What is the best way to proceed? Can I reach out to him directly for clarification? Or would it be better for the architect to do this?
3. Has anyone experienced a similar case and can share their experience?

We would of course prefer to avoid the building permit process, and according to the architect, all the regulations for a single-story building have been met. I have also read the NRW building code and understand the requirements. Do you think we still have a chance, or should we just file a building permit application immediately to avoid further delays?

Thanks in advance for your help.

Best regards

Hello,

let the professional handle it (your architect)

Hello,

Kisska86 schrieb:

1. Is this reason enough? Doesn’t he need to specify exactly what counts as a full storey for him?

No, why? The definition of a full storey is already specified in the building regulations of NRW; including from when a basement is considered a full storey.

Kisska86 schrieb:

2. What is the next step in such a case? Can I contact him and ask? Or should the architect handle that?

You consciously chose to work with an architect. So let them clarify this, as they interact with the building planning authority’s officer on an equal level; as a layperson, you usually don’t.

Regards, Bauexperte

Hello,

Kisska86 schrieb:

That’s correct, the building regulations in NRW specify this precisely, and the documents also clearly show the calculated values confirming that according to NRW building regulations, this does NOT count as a full story. Everything is calculated and drawn up in detail. But the case officer just writes "it is a full story" without explaining where the mistake is. So, what exactly is miscalculated or whatever... Really frustrating...

When you posted your plans, I was also wondering how you would keep the single-story status when you have ground-level access to the hallway in the basement; however, I don’t know the elevation profile of the plot, so I didn’t comment on it. Maybe the case officer stumbled over that, had a bad day, bad sex… whatever.

Have your architect clarify the issue, even if they might currently be on vacation. A week more or less surely won’t make much difference.

Regards, Bauexperte

That is correct and also tight according to the calculations. We don’t want to deny that. The top edge of the basement ceiling is on average 1.59m (5.2 ft) above ground level. According to the building regulations in NRW, anything over 1.60m (5.25 ft) counts as a full story. However, we still have the option to add more fill on one side, which would improve that measurement. But it’s important to be aware of this. Actually, it’s already calculated to comply.

I also managed to get in touch with the architect earlier. He is going to call and speak with the case officer shortly. I’m curious. The architect sounded quite amused on the phone because the local municipality around here is apparently known for initially saying “No.” As our future neighbor put it nicely: “The authorities have to justify their existence somehow.” But hopefully not in our case…

Hello Kisska,

The additional fill could cause problems if it is used to conceal a full story. Just for your information, but your architect should be aware of this as well.

Best regards,
Dirk Grafe