ᐅ Knee wall according to the building plan / development plan

Created on: 3 Feb 2013 18:05
M
merian
M
merian
3 Feb 2013 18:05
Hello,

We are now nearly finished with the preliminary planning for our semi-detached house and are moving on to the selection phase.

We have slightly modified the architect’s plan according to our wishes, as far as the building regulations allow. Up until now, the architect always mentioned a knee wall height of 1.69 meters (5 feet 7 inches) with a gable roof at 28 degrees. Now, for the final plan for our selection appointment, along with the cost estimate, a knee wall height of 1.30 meters (4 feet 3 inches) was shown. When I asked the architect about this, he told us that the knee wall height refers to the exterior knee wall. In all our personal discussions, there was never any mention that it was the exterior knee wall. We had assumed it was the interior knee wall (which was also noted in the cost calculation from our builder). Now the builder issued a credit for the lower knee wall height. Are we expected to accept this? We now have a cost increase of about €44,000, but the balcony cannot be planned the way we wanted, the knee wall is lower, etc. According to the construction contract, we agreed on a house with 154 sqm (1,656 sq ft) and a knee wall height of 1.60 meters (5 feet 3 inches), but this cannot be planned this way according to building regulations. Due to all this redesign (including structural engineering), we are now €44,000 more expensive.
B
Bauexperte
3 Feb 2013 20:29
Hello,
merian schrieb:

we are now in the preliminary planning phase for our semi-detached house
Is it a complete semi-detached house or just one half?
merian schrieb:

In response to my question (to the architect), he told us that yes, the knee wall refers to the exterior knee wall. Up until now, in all personal conversations, there was no mention that it was an exterior knee wall.
There is no such thing as an "exterior knee wall"; here in the Rhineland, we differentiate between the knee wall (interior) and the dwarf wall (exterior); however, neither "dwarf wall" nor "knee wall" are precisely defined terms according to state building regulations and are interpreted differently from one federal state to another.

But regardless of how your local building authority handles it—knee wall or dwarf wall—all federal states agree on one thing: measurements are always taken from the outside, usually at the intersection of the dwarf wall and the roof covering.
merian schrieb:

We now have a cost increase of about €44,000, but the balcony was not as easy to plan as we would have liked, the knee wall is lower, etc. According to the contract, we signed for a house with 154 sqm (1,655 sq ft) and a 160 cm (63 inches) knee wall, but according to building regulations, this cannot be planned that way, and due to the entire redesign (statics, etc.), we are now €44,000 more expensive.
This is somewhat unclear—could you please clarify? Why did the balcony become so expensive, and how is the total increase of €44,000 composed?

Best regards
E
E.Curb
4 Feb 2013 08:24
Hello,
merian schrieb:

according to building regulations, this cannot be planned like that, and due to this entire redesign (structural engineering, etc.), we are now 44,000 € more expensive

I don’t really understand this either. How can reducing the knee wall height cause higher costs?
Or did you sign a contract for a house that isn’t even eligible for building approval (building permit/planning permission)? And now you have to pay extra for minor structural calculations?

Regards
M
merian
7 Feb 2013 20:15
So, everything is going wrong for us.

The knee wall can only be 1.30 meters (4 feet 3 inches) high due to the house height limit (it may only be 9 meters (30 feet)). The contract we signed states a 1.60-meter (5 feet 3 inches) knee wall (the seller and architect had the building plans in front of them). Shouldn't we have been informed earlier that "Attention, the knee wall can only be 1.30 meters (4 feet 3 inches)"?

The house has a gable with a balcony (additional cost of €11,000), as well as extra costs for floor-to-ceiling windows and so on, but the biggest cost factor seems to be that the structural engineering calculations for the house need to be redone. According to the contract, we signed for a house measuring 10.04 by 9.42 meters (33 feet by 31 feet), which is not possible for a semi-detached house plan. Now the dimensions are 6.50 by 14.50 meters (21 feet 4 inches by 47 feet 7 inches) (the other house is the same).

Originally, our price for the "ready for finishing" stage was €214,000 (according to the contract, with 154 square meters (1,658 square feet), it was €176,000). But now we are told that we are not allowed to build a 1.60-meter (5 feet 3 inches) knee wall, only 1.30 meters (4 feet 3 inches), based on the width of 6.50 meters (21 feet 4 inches). The credit amount for this reduction is €2,100. My question is: how do they calculate this €2,100?
W
Wastl
8 Feb 2013 08:23
Why do you sign a construction contract for a house that you cannot build?
E
E.Curb
8 Feb 2013 08:54
Hello,
Wastl schrieb:
Why do you sign a construction contract for a house that cannot be built?

I would phrase the question slightly differently: Why does the developer sell an inexperienced customer a house that they are not allowed to build?

In my opinion, this is grossly negligent and, according to my legal understanding (and I mean only my own understanding), an invalid contract. I would definitely consult a lawyer to see if anything can be done...

Does the contract specify on which plot of land the purchased house is supposed to be built?

Oh, and once again, here is an argument in favor of architect-designed houses. The architect has to deliver a house that can be approved by the authorities. If they design a house that cannot be approved and any additional costs or savings occur, the architect passes these on directly. Everything is transparent and understandable because the architect does not profit or lose financially from this.

Best regards