ᐅ Roof Structure on a Conservatory Construction – Legal Issue

Created on: 10 Feb 2018 18:40
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bvbole
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
8
86bibo
15 Feb 2018 13:21
You can already submit the building permit / planning permission application now. If it is actually rejected, you might still be able to save the additional costs for the reinforced conservatory structure.
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bvbole
15 Feb 2018 13:45
We would like to do that, but the woman from the building authority gave us two options:

- submit a full building permit application for the entire project (house including extension with terrace)

or

- complete everything as approved under the permit-exempt process and then submit a building permit application for the extension afterward

We will probably go with option 2, as we currently don’t want to have to submit a full building permit application. For whatever reason that might be necessary...
11ant15 Feb 2018 19:03
bvbole schrieb:
By adding a roof terrace on top of the conservatory structure, the conservatory loses its character and thus becomes an extension.

In terms of allowable building limit exceedance, this likely refers to a conservatory understood as a fully glazed, transparent freestanding sitting area, typically with a mono-pitched roof. It is understandable that such structures are usually granted more leniency compared to “heavier” and, due to the roof terrace, multi-story extensions. I assume this remodeling application (to add a balcony on top of a conservatory) will be rejected. Then you will be frustrated by the additional structural engineering work required.
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