Hello everyone,
My apartment borders three garages that would be ideal to convert into a terrace. My landlord agrees as long as I carry out the work myself. As shown in the attached diagram, I can easily maintain more than the legally required 3 meters (approximately 10 feet) distance from the neighbor. The garages are already surrounded on the back and left sides by a wall that extends about waist-high above the roof edge. From my perspective, this means that only a railing, as indicated along the front edge of the garage roofs, needs to be installed, and (also for structural reasons) a wooden floor with cross beams should be constructed. Since there is a ground-level window that opens onto the roof, no facade work will be necessary.
Here are my questions:
1) Is a building permit / planning permission required for such a project?
2) Does the neighbor (in a multi-unit rental building) need to give consent?
3) Does the neighbor’s driveway (concreted, not built over) count toward the 3-meter (approximately 10 feet) setback, or is the property boundary used instead?
My apartment borders three garages that would be ideal to convert into a terrace. My landlord agrees as long as I carry out the work myself. As shown in the attached diagram, I can easily maintain more than the legally required 3 meters (approximately 10 feet) distance from the neighbor. The garages are already surrounded on the back and left sides by a wall that extends about waist-high above the roof edge. From my perspective, this means that only a railing, as indicated along the front edge of the garage roofs, needs to be installed, and (also for structural reasons) a wooden floor with cross beams should be constructed. Since there is a ground-level window that opens onto the roof, no facade work will be necessary.
Here are my questions:
1) Is a building permit / planning permission required for such a project?
2) Does the neighbor (in a multi-unit rental building) need to give consent?
3) Does the neighbor’s driveway (concreted, not built over) count toward the 3-meter (approximately 10 feet) setback, or is the property boundary used instead?
Hello dwirt
Regarding point 1: Yes! You may need to consider the utilization of the floor area ratio.
Regarding point 2: No, because he is not an unrelated owner.
Regarding point 3: No, it does not count; the distance must be maintained from the actual property boundary. Additionally, you need to consider the resulting building height, which ends at the top edge of the parapet/railing. If it stands directly on the boundary, you might exceed the allowed limit. If the railing is set back 3m (approximately 10 feet) from the boundary (there are exceptions allowing it to be up to one-third, around 1m (about 3 feet) closer, but I am not sure about the current regulations for Hesse—so better to inquire), then this would not be an issue.
In principle, this change would only be allowed following structural verification. The garages are currently likely designed for local snow load standards only. The loads for roof terraces or balconies are significantly higher, so this would be missing and might need correction. At least if it is handled through the building permit / planning permission process.
Regarding point 1: Yes! You may need to consider the utilization of the floor area ratio.
Regarding point 2: No, because he is not an unrelated owner.
Regarding point 3: No, it does not count; the distance must be maintained from the actual property boundary. Additionally, you need to consider the resulting building height, which ends at the top edge of the parapet/railing. If it stands directly on the boundary, you might exceed the allowed limit. If the railing is set back 3m (approximately 10 feet) from the boundary (there are exceptions allowing it to be up to one-third, around 1m (about 3 feet) closer, but I am not sure about the current regulations for Hesse—so better to inquire), then this would not be an issue.
In principle, this change would only be allowed following structural verification. The garages are currently likely designed for local snow load standards only. The loads for roof terraces or balconies are significantly higher, so this would be missing and might need correction. At least if it is handled through the building permit / planning permission process.
Hello BauLine,
Thank you very much for the quick response.
Sorry to ask again, but I am a complete beginner when it comes to building regulations...
1) If I understand correctly, the floor area ratio wouldn’t actually apply here since I am only working on top of the garage, which has already been built and approved a long time ago, right? So the built-up area wouldn’t change...
2) By "neighbor," I meant the owner of the adjacent house.
3) Regarding the railing: The garages on the roof are basically like a shoebox, open on one side (front). That means there is a finished, waist-high wall on the left and back sides, and our house wall on the right. So with the railing, I am only closing off the open front side, and—this is correct—the railing on the left side would go all the way to the wall, which is the property boundary. So, if I understand you correctly, this could potentially be an issue.
An alternative would be to run the railing perpendicularly toward the back before reaching the 3m (10 feet) mark, thus separating the hatched area in the drawing (roughly the two garages on the right). That way, the distance regulation would definitely be complied with, correct?
Thanks for your patience...
Thank you very much for the quick response.
Sorry to ask again, but I am a complete beginner when it comes to building regulations...
1) If I understand correctly, the floor area ratio wouldn’t actually apply here since I am only working on top of the garage, which has already been built and approved a long time ago, right? So the built-up area wouldn’t change...
2) By "neighbor," I meant the owner of the adjacent house.
3) Regarding the railing: The garages on the roof are basically like a shoebox, open on one side (front). That means there is a finished, waist-high wall on the left and back sides, and our house wall on the right. So with the railing, I am only closing off the open front side, and—this is correct—the railing on the left side would go all the way to the wall, which is the property boundary. So, if I understand you correctly, this could potentially be an issue.
An alternative would be to run the railing perpendicularly toward the back before reaching the 3m (10 feet) mark, thus separating the hatched area in the drawing (roughly the two garages on the right). That way, the distance regulation would definitely be complied with, correct?
Thanks for your patience...
Hello dwirt
The floor area ratio (FAR) is the floor area ratio... it changes with the living area. Terraces count as living space, so the FAR of the existing house is increased by this area (or it can be added at a lower percentage). Therefore, it should be checked whether this would still be permitted in relation to the plot size and the size allowed in the development plan (building permit/planning permission).
What you mean is the site coverage ratio. This usually includes the built-up area, which also covers garages (but this should be clarified, as in some states/provinces these do not have to be counted up to a certain size).
For the neighbor, the usual setback distance applies. However, they cannot file an objection if everything is done correctly.
If the walls were approved as built at the time of construction, they are considered existing structures and can remain as such or be used as railings. The parapet height must then be measured/checked from the new surface! On the street side — meaning a public neighbor — this usually does not matter, so it should not be a problem there.
To clarify the setback issue easily and definitively, I would suggest visiting the responsible building authority briefly… then they can explain it to you in detail.
But again… before you invest anything… make sure to check the structural issues! The roof, meaning the terrace floor, will not be designed for this!!
The floor area ratio (FAR) is the floor area ratio... it changes with the living area. Terraces count as living space, so the FAR of the existing house is increased by this area (or it can be added at a lower percentage). Therefore, it should be checked whether this would still be permitted in relation to the plot size and the size allowed in the development plan (building permit/planning permission).
What you mean is the site coverage ratio. This usually includes the built-up area, which also covers garages (but this should be clarified, as in some states/provinces these do not have to be counted up to a certain size).
For the neighbor, the usual setback distance applies. However, they cannot file an objection if everything is done correctly.
If the walls were approved as built at the time of construction, they are considered existing structures and can remain as such or be used as railings. The parapet height must then be measured/checked from the new surface! On the street side — meaning a public neighbor — this usually does not matter, so it should not be a problem there.
To clarify the setback issue easily and definitively, I would suggest visiting the responsible building authority briefly… then they can explain it to you in detail.
But again… before you invest anything… make sure to check the structural issues! The roof, meaning the terrace floor, will not be designed for this!!
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