Hello,
We are currently in the process of planning our house and faced a major disappointment with the building permit. Our architect informed us that the official handling our case has drastically reduced the size of our planned terrace on the masonry garage from 6 x 3 m (20 x 10 feet) to a ridiculous 3.45 x 1.50 m (11 x 5 feet) and will only approve that size, which is absolutely unacceptable to us. 😡
Reason:
"The use of the roof of an accessory building (garage) is considered a so-called primary use and, as such, must be counted towards the (primary use) length of the building, although no other regulations (setback areas, building boundaries) would be affected."
Has anyone heard of such nonsense before or been affected by it? Does anyone have a solution or idea what we could/should do to get approval for the terrace to cover the full garage roof size? 🙁
Thanks very much in advance 🙂
We are currently in the process of planning our house and faced a major disappointment with the building permit. Our architect informed us that the official handling our case has drastically reduced the size of our planned terrace on the masonry garage from 6 x 3 m (20 x 10 feet) to a ridiculous 3.45 x 1.50 m (11 x 5 feet) and will only approve that size, which is absolutely unacceptable to us. 😡
Reason:
"The use of the roof of an accessory building (garage) is considered a so-called primary use and, as such, must be counted towards the (primary use) length of the building, although no other regulations (setback areas, building boundaries) would be affected."
Has anyone heard of such nonsense before or been affected by it? Does anyone have a solution or idea what we could/should do to get approval for the terrace to cover the full garage roof size? 🙁
Thanks very much in advance 🙂
Jackos85 schrieb:
Reason:
"That the use of the roof of an ancillary building (garage) is considered a so-called primary use and must therefore be counted towards the (primary use) length of the building, while no other regulations (setback areas, building limits) are affected."
🙂I’m struggling with this sentence: it’s grammatically incorrect, something seems to be missing? The sentence structure is wrong... What exactly is meant here? I assume this was copied somehow, but incorrectly? Is there any more information?
Because ultimately, it’s about the setback area, since the garage is now being included in the primary use length?
Why are you so attached to a roof terrace that apparently was only suggested to you by the architect?
If you already have a garden (and the terrace isn’t located at ground level for living/dining due to a slope), I would seriously reconsider such a terrace. The likelihood of using it regularly is probably quite low if you have a normal garden.
Hmm, the idea of installing "low-maintenance terrace slabs" somehow sounds like you think the planning officer is clueless. 😕 Most likely, a smaller terrace also means the fencing can only be installed directly adjacent to the terrace. 🙄
If you already have a garden (and the terrace isn’t located at ground level for living/dining due to a slope), I would seriously reconsider such a terrace. The likelihood of using it regularly is probably quite low if you have a normal garden.
Hmm, the idea of installing "low-maintenance terrace slabs" somehow sounds like you think the planning officer is clueless. 😕 Most likely, a smaller terrace also means the fencing can only be installed directly adjacent to the terrace. 🙄
merlin83 schrieb:
Would it be allowed to have an enclosure at the edges of the garage roof using flower pots and paving slabs for maintaining the green roof in such a case?Case officer: "Sure, within the dimensions of 3.45 x 1.50 m (11.3 x 4.9 ft)" 😀
Jackos85 schrieb:
Does anyone here think this kind of nonsense....... without additional information about the location, size, boundaries, sketches, or details about the building permit / planning permission, it is impossible to assess the validity of your statements....
Here’s how it was for us:
Our plan was: garage roof as a terrace (6x7m (20x23 feet))
Our zoning plan specifies how the garage roof must be designed—either matching the house roof or a green flat roof. We were in contact with the local authority during the planning phase.
In the end, it was approved as two-thirds terrace and one-third green roof.
Our plan was: garage roof as a terrace (6x7m (20x23 feet))
Our zoning plan specifies how the garage roof must be designed—either matching the house roof or a green flat roof. We were in contact with the local authority during the planning phase.
In the end, it was approved as two-thirds terrace and one-third green roof.
Jackos85 schrieb:
Well, we don’t know why he is doing this, but he said there are cases where something like this passes, so he wanted to try.
Because he said: "There are countless inconsistencies in the building regulations." 🤨
And what does it mean in this case to register an easement or to purchase 3m (10 feet) from the neighbor?The garage with the fully planned roof terrace is legally classified as living space under building regulations, so it must comply with the same setback requirements as your main house. If the garage currently stands directly on the property line, you must either purchase a 3m (10 feet) wide, unrestricted strip along the garage from the neighbor—including subdivision, notary, and land transfer fees—or secure the corresponding setback and free space of 3m (10 feet) or 5m (16 feet) on the neighbor’s land by registering an easement. The neighbor must have space there without any change to their potential building situation, or you must additionally compensate for the loss of buildable area. It may also be impossible if it conflicts with the neighbor’s existing structures, which might require them to demolish. In that case, only completely rundown and unused building fabric would be allowed to remain there.
Most considerations in this regard are dropped after a three-minute phone call, mainly because of the often considerable costs. It only makes sense if you have no other way to secure some green open space.
Best regards
Dirk Grafe
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