ᐅ Exemption Order Rejected – Without Explanation?

Created on: 22 Apr 2014 08:36
K
Kisska86
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
Kisska8622 Apr 2014 13:12
Hm, really?! I hope he knows that....

In the plan/application, we have an existing approval and a planned approval.
According to the current site conditions, it’s apparently not an issue at all, and the basement is clearly a basement.
According to the planned site, after excavation and filling, and positioning the house as desired, it’s tight, but according to him, there is still enough leeway if necessary.
I think if he plans it this way, he should know whether it will work or not, right?!
The architectural firm has been around for about 15 years, and he personally has a good reputation here in the city. He also works as a developer, mainly for larger projects now. Oh man... He wants to go to the district office himself and explain everything exactly to the responsible officer and run through the calculations. He’s taking it with humor and says we shouldn’t worry. I’m curious.
D
DG
22 Apr 2014 14:01
You cannot make an assessment without plans. Wait to see what the building surveyor achieves at the building authority – that is their job, and you pay them for it.

Best regards,
Dirk Grafe
N
nordanney
22 Apr 2014 14:34
A brief note on embankments and excavations: these require official approval (in the context of house construction), as changes to the ground level are not covered by the exemption procedure. According to the current statement from our building authority, a permit is required for house construction because both measures are interconnected.

For this reason, our neighbors’ exemption procedure was rejected last week (the building plot is about 80cm (31 inches) below street level and needs to be raised).
Kisska8622 Apr 2014 14:37
Wow.... don’t say things like that... And probably in NRW, right?!

Oh man, I’m curious. And somehow I’m already expecting the worst... I mean, why would everything go so smoothly.

Thanks for sharing your experiences and advice. I will report back on what we or the architect manage to achieve.
D
DG
22 Apr 2014 14:57
For reassurance: the whole matter depends on what is regulated in the development plan. It is not uncommon for raising or lowering the entire original ground level within a height range of 1 meter (3 feet) to be exempt from approval. Local fill or excavation work, which does not affect the entire plot, is to be considered differently.

A major advantage is often that municipalities tend to remain deliberately vague on the issue of height, as they want to avoid this problem when drawing up the development plan. This can usually be used to the builder’s benefit.

So it is just as possible that you will have no problem and can build under the exemption procedure (building permit / planning permission).

Best regards,
Dirk Grafe
Kisska8622 Apr 2014 15:04
Thank you, Dirk. Oops:
I am very pregnant and definitely didn’t want to stress myself out, but now I’m getting antsy and feeling really nervous.
I’ll just try to stay calm and wait. Our architect planned to speak with the local authority officer this afternoon to arrange an appointment or something similar. He will probably get back to us either this evening or tomorrow morning; he’s usually reliable. Then I’ll definitely know more.