ᐅ The building authority rejected the construction application because the house was planned too far back on the lot.

Created on: 29 Sep 2020 11:44
D
dynaudio79
Hello everyone.

The bad luck with our house project just doesn’t stop.
Today, after 3 months, we finally received the notice for a hearing from the building authority.
The house exceeds the rear building line by nearly 2 meters (6.5 feet).
Unfortunately, the woman at the office won’t be back until Thursday.
What options do we have now?
Is it possible to simply move the house forward, or does everything need to be reapplied for?
We are getting married on Thursday, and this really hits us hard.

Best regards
B
BananaJoe
30 Sep 2020 10:04
KingJulien schrieb:

This is the 15m (50 feet) radius around the chimney within which a neighbor is allowed to be affected by your emissions.

Feeling "affected" seems a bit too strong to me. According to the 1st Federal Immission Control Ordinance (1. BImSchV) mentioned in the site plan, it is only required that "The outlet opening of chimneys for heating systems using solid fuels, which are built or significantly modified after March 22, 2010, for heating systems with a total heat output up to 50 kilowatts (kW), must extend at least 1 meter (3 feet) above the upper edges of ventilation openings, windows, or doors within a radius of 15 meters (50 feet); the radius increases by 2 meters (6.5 feet) for each additional 50 kW started, up to a maximum of 40 meters (130 feet)."

It would be interesting to know how tall the chimney is and where the neighbor’s windows or other openings are located—but presumably, the chimney is indeed the reason for the 13-meter (43 feet) distance to the street...
KingJulien30 Sep 2020 10:14
BananaJoe schrieb:

"The outlet openings of chimneys for solid fuel heating systems, which are installed or significantly modified from March 22, 2010 onward, must, for heating systems with a total heat output up to 50 kilowatts, extend at least 1 meter (3 feet) above the top edges of ventilation openings, windows, or doors within a 15-meter (50 feet) radius; this radius increases by 2 meters (6.5 feet) for each additional started 50 kilowatts, up to a maximum of 40 meters (130 feet)."

I told you so

Yes, it seems that’s the reason. Then there might also have to be a discussion with the local chimney inspector and the neighbor. As far as I know, the neighbor can demand the shutdown if they feel disturbed (if the 1 meter distance is not maintained). Whether this must be proven in practice, I don’t know.
How to protect yourself in this situation, no idea.
Y
Ybias78
30 Sep 2020 10:42
Pinky0301 schrieb:

Wow, I didn’t even know such a thing existed.

I only found out about it about a week ago myself.
dynaudio7930 Sep 2020 10:44
I am not being aggressive. I just won’t accept being unfairly accused. Simply asking instead of assuming would be much more elegant, right?
The chimney is 9.10 meters high (30 feet).
The chimney was never the main issue.
The advice and communication with the planner were terrible. This is the result.
Unfortunately, the original planner died in a fatal accident a few weeks before the deadline, and then we were assigned a new one. In the end, we are the ones who suffer the delays.
So please don’t always present things as if it were our fault.
T
Tassimat
30 Sep 2020 10:44
Wouldn't it be enough to build the chimney higher? In the simplest case, the stainless steel pipe would then just extend further upwards, as is commonly seen everywhere on the street.
KingJulien30 Sep 2020 10:53
dynaudio79 schrieb:

The chimney is 9.10 m high (30 ft).
The chimney was never an issue.
From where? Does that mean you maintain the meter above the top edge of the window? Then the 15 m (49 ft) doesn’t matter, which is even better.
Have a word with your planner and see what they have to say about it.