ᐅ Setback from public road, roof planning permission / building permit

A house is planned to be built in Bavaria, and the development plan has been approved.

Question:
According to the development plan, the foundation walls of the house are currently located 2 m (6.6 ft) from the public road.
The builder has therefore included 1 m (3.3 ft) of the required setback area (minimum 3 m (9.8 ft)) within the public road.
Is this allowed?

If it is not allowed, should the plan still have been approved?

The roof starts at 3.25 m (10.7 ft) height, with a 45-degree pitch, but there are dormer windows.
Does the one-third rule apply here because of the dormers, meaning that one-third of the roof height must be added to the setback area?
If so, the required setback would be about 5 m (16.4 ft), and the builder would have included 3 m (9.8 ft) of the setback area within the public road—the road is approximately 4.5 m (14.8 ft) wide (a side street).

Thank you for any advice.

Hello,

freizeitpilot schrieb:

A house is to be built in Bavaria, the development plan has been approved.

You probably mean established?

freizeitpilot schrieb:

Question:
According to the development plan, the foundation walls of the house are currently located 2m (6.6 feet) from the public road.
The builder has thus incorporated 1m (3.3 feet) of the setback area (minimum distance 3m (10 feet)) into the public road.
Is this allowed?

If it is not allowed, should the plan still have been approved?

If the development plan explicitly allows this, then it is likely permissible. You do not have to start the building structure at the front building line; however, you must build within the designated building zone.

As a general rule, a legally established development plan takes precedence over the applicable state building code.

freizeitpilot schrieb:

The roof starts at 3.25m (10.7 feet) with a 45-degree pitch, but there are dormers.
Is the one-third rule applied here because of the dormers, meaning one-third of the roof height must be added to the setback distance?
Then the required setback would be about 5m (16.4 feet) and the builder would have incorporated 3m (10 feet) of the setback area into the public road—the road is about 4.5m (15 feet) wide (a secondary road).

Whether and how many dormers are permitted under which restrictions can be found in the textual provisions of the development plan.

Regards, Bauexperte

freizeitpilot schrieb:
A house is planned to be built in Bavaria, and the development plan has been approved.

Question:
According to the development plan, the foundation walls of the house are currently located 2m (6.5 ft) away from the public road.
The builder has thus included 1m (3.3 ft) of the required setback area (minimum 3m (9.8 ft)) within the public road space.
Is this permitted?

If it is not allowed, should the plan still have been approved?

To my knowledge, public road areas may be counted halfway toward the calculation of setback distances nationwide, including in Bavaria:

(7) Public traffic areas, public green spaces, and public water surfaces are counted at half their width toward setback distances, deviating from paragraph 2 sentence 1.

Source: Bavarian Building Code, Article 6 Setback Distances

The roof begins at 3.25m (10.7 ft), with a slope of 45 degrees, but there are dormers.
Does the one-third rule apply here because of the dormers, meaning that one third of the roof height must be added to the setback distance?
That would make the required setback approximately 5m (16.4 ft), and the builder would have included 3m (9.8 ft) of the setback area within the public road—the road itself is about 4.5m (14.8 ft) wide (a side street).

Thanks for any advice.

Without knowing the detailed planning and conditions of the development plan, this is mostly guesswork.

Roughly—using a factor of 0.8—I arrive at 5m (16.4 ft) * 0.8 = 4m (13.1 ft) for the setback. If 2.25m (7.4 ft) lies on the road, then 1.75m (5.7 ft) remain on the property, which could be acceptable.
If the narrow side exemption applies, the factor would be 0.4, meaning that the building height would never extend beyond the center of the road.

Regards,
Dirk Grafe