Terrain surface
In German building regulations, the surface of the terrain is the intersection that the terrain forms directly with the or all of the outer walls of a building. In the respective state building regulations of the individual federal states, it serves as the lower reference area when determining the building height and thus forms the basis for classifying a building in a building class and for calculating the spacing areas . A basic distinction is made between the natural , the existing and the fixed terrain surface.
Distinction
Natural terrain surface
This is the surface of the terrain that is naturally present (that is, it has "grown") and has therefore not been changed by embankments or excavations. It can be level or inclined. Manipulation of the natural surface of the terrain, for example to achieve a lower building class, is not permitted. However, only the elevation of the terrain on all outer walls is considered. The rest of the terrain on the property can therefore have a different altitude.
Existing terrain surface
The existing surface of the terrain can either correspond to the natural surface of the terrain or it can be created by a lawfully approved or procedure-free embankment or excavation. Unlawful embankments or excavations are not taken into account and may even have to be removed. After a certain time, however, it can be assumed that an unlawfully created terrain surface will also be viewed as a natural terrain surface. For example, the Bavarian Administrative Court ruled that a land filled up 25 to 30 years ago forms a new natural surface.
Fixed terrain surface
The surface of the site can also be determined upon request or ex officio as part of an administrative act . The administrative act occurs either independently or in connection with another administrative act (for example with a building permit ). In the administrative act, a mathematical measure is determined (for example, as a reference height above sea level) that can differ from the actual terrain. It may be necessary to define the surface of the terrain if the natural course of the terrain is irregular or can no longer be determined, or if the course of the terrain stands in the way of sensible development or if there are certain design intentions. The stipulation can also serve to retrospectively legalize illegal construction projects.
Individual evidence
- ↑ Simon / Busse: Bayerische Bauordnung - Commentary, CH Beck Verlag, Art. 2 Paragraph 322.
- ↑ Section 2, Paragraph 3, Clause 2 of the Model Building Regulations of September 21, 2012.
- ↑ Section 6, Paragraph 4, Clause 2 of the Model Building Regulations of September 21, 2012.
- ↑ Simon / Busse: Bayerische Bauordnung - Commentary, CH Beck Verlag, Art. 2 Paragraph 324 ff.
- ↑ Simon / Busse: Bayerische Bauordnung - Commentary, CH Beck Verlag, Art. 2 Paragraph 325 ff.
- ↑ BayVGH, March 2, 1998, 20 B 97.912.
- ↑ Simon / Busse: Bayerische Bauordnung - Commentary, CH Beck Verlag, Art. 2 Paragraph 328 ff.
