Hello,
first of all, thank you very much for the service here. This is really a great thing!
Now to our small problem. We are currently building a semi-detached house under a permit-exempt procedure. Each house (each with two residential units) will have a timber-framed conservatory (4m x 3m (13ft x 10ft)) belonging to the ground floor apartment. The apartment above (1st floor + 2nd floor) is intended to use the conservatory roof later as a rooftop terrace.
Our architect has pointed out that installing a railing after moving in (2-4 months later) would be allowed, so that a rooftop terrace would be usable for the second residential unit. He referred to Appendix 2 of the Hessian building code, which apparently permits converting the flat roof structure into a terrace afterwards.
Can you tell me if this is correct? The conservatory structure does not require a building permit / planning permission, as it was also approved through the permit-exempt procedure.
Best regards and many thanks
bvbole
first of all, thank you very much for the service here. This is really a great thing!
Now to our small problem. We are currently building a semi-detached house under a permit-exempt procedure. Each house (each with two residential units) will have a timber-framed conservatory (4m x 3m (13ft x 10ft)) belonging to the ground floor apartment. The apartment above (1st floor + 2nd floor) is intended to use the conservatory roof later as a rooftop terrace.
Our architect has pointed out that installing a railing after moving in (2-4 months later) would be allowed, so that a rooftop terrace would be usable for the second residential unit. He referred to Appendix 2 of the Hessian building code, which apparently permits converting the flat roof structure into a terrace afterwards.
Can you tell me if this is correct? The conservatory structure does not require a building permit / planning permission, as it was also approved through the permit-exempt procedure.
Best regards and many thanks
bvbole
H
HilfeHilfe12 Feb 2018 07:11bvbole schrieb:
Setting aside feasibility for a moment.
Annex 2 of the Hessian building regulations details many cases where no building permit is required. Would our specific situation be considered a "structural alteration" (according to Section II, Point 5)?
Unfortunately, our relationship with the architect has deteriorated significantly due to many problems. However, the terrace and railing are said to be allowed to be installed without a building permit "after a certain time following moving in," according to Annex 2. I’m just wondering which legal clause he is referring to...
Thanks to all! Hello! This just keeps getting better! Take Escroda’s posts to heart and hold him accountable!
You’re asking the forum which laws your architect is relying on, why not ask him in writing yourself?
Are you trying to force a reversal of the construction work?
bvbole schrieb:
Accordingly, the planned conservatory structure made of wood would not actually be considered living space That would also explain the breach of the minimum setback distance of 3m (10 feet).
bvbole schrieb:
Would our specific case be considered a "structural alteration" (according to II point 5.)? Only if the conservatory is actually a conservatory as defined in I 1.12, and not an attached greenhouse according to I 1.1.
A conservatory is heated, must be located within the buildable area, fully counts towards the site coverage ratio and floor area ratio, and requires setback distances.
An attached greenhouse is unheated, may—unless explicitly prohibited by the zoning plan—be placed outside the buildable area, counts roughly half towards the site coverage ratio, is excluded from the floor area ratio, and generally has privileged status regarding setback distances.
This list is not exhaustive.
I cannot assess which type of building applies to your situation. Acquiring the necessary details to do so would amount to individual legal advice, which is not permitted in this forum but is strongly recommended due to the apparently troubled relationship with the architect.
Thank you, you are really helping me a lot. 🙂
One question has been on my mind the whole time: How is the Floor Area Ratio (in Hesse) calculated? In other words, which areas should be included in the Floor Area Ratio I?
The law does not provide much detail on this (for example, whether terraces, conservatories, and balconies are included). Our architect and the woman from the building authority also disagree on this.
One question has been on my mind the whole time: How is the Floor Area Ratio (in Hesse) calculated? In other words, which areas should be included in the Floor Area Ratio I?
The law does not provide much detail on this (for example, whether terraces, conservatories, and balconies are included). Our architect and the woman from the building authority also disagree on this.
bvbole schrieb:
How is the floor area ratio (in Hesse) calculated?
The law doesn’t really specify much about this (whether terraces, conservatories, and balconies count or not). Our architect and the building authority representative also seem to disagree.It’s quite simple: the floor area ratio includes the terrace (as long as it is directly attached to the house) and the conservatory in full (not just 50% or so), but not a balcony. In simplified terms, it’s the area your house plus any extensions cover on the ground. Garages should also be taken into account if they are built attached to the house, but counted as outbuildings. For garden sheds built later and paved areas like walkways, authorities are usually willing to be flexible or may overlook minor infringements, but of course not if you have already maximized the floor area ratio and the garage already uses up the 50% allowance for outbuildings, meaning you technically shouldn't pave any additional paths.
From your last sentence, I suspect the architect does not want to include the conservatory in the floor area ratio or wants to classify it as an outbuilding. This is definitely not allowed!!!!
I agree with the previous commenters and would strongly advise seeking legal counsel quickly. If your statements are accurate, I am quite certain that the conditions for having a roof terrace would not be met, both structurally and legally. You should also carefully check how the conservatory is classified, as this can have legal implications (building envelope, setback requirements, etc.). Additionally, thermally separating the conservatory from the main house while still using it as “living space” does not really add up.
bvbole schrieb:
And our architect and the lady from the building authority also disagree. This situation is called a risk by the pessimist ;-)
Here: the risk of having to dismantle the terrace or being prohibited from using the conservatory as a living space.
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I recently visited the building authority and received the following information:
By adding a roof terrace on top of the conservatory structure, the conservatory loses its original character and is therefore considered an extension. Accordingly, we would need a retroactive building permit for this extension, as it exceeds the building boundaries.
Our development plan states that "exceeding the building boundaries for terraces and conservatories by up to 3m (10 feet)" is allowed. An extension would not fall under this allowance and would require building approval.
However, I just can't understand why the conservatory legally loses its character... The use of the conservatory doesn’t change simply because I am building a roof terrace above it.
Maybe someone here has an answer. 🙂
By adding a roof terrace on top of the conservatory structure, the conservatory loses its original character and is therefore considered an extension. Accordingly, we would need a retroactive building permit for this extension, as it exceeds the building boundaries.
Our development plan states that "exceeding the building boundaries for terraces and conservatories by up to 3m (10 feet)" is allowed. An extension would not fall under this allowance and would require building approval.
However, I just can't understand why the conservatory legally loses its character... The use of the conservatory doesn’t change simply because I am building a roof terrace above it.
Maybe someone here has an answer. 🙂
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