Roof terrace without planning permission - is that possible?

Lengthy approval procedures and extensive planning are not for everyone. Whether a roof terrace may be built without permission at all, and what you need in any case for a roof terrace, you will learn in detail in this post.

Administrative Court decisions

The usual reasoning of the courts, when it comes to the approval requirement, was again confirmed by the Administrative Court Gelsenkirchen.

A ground-level terrace may still be considered as an "insignificant structure", a roof terrace but not. As a "not insignificant structural plant", the roof terrace is so but in any case approval. As a result, according to the VG, there would be consequences in terms of building regulations and planning law relevant effects. Another decision of the Higher Administrative Court (OVG) Thuringia comes to the same conclusion.

Incidentally, in the present case, it was a roof terrace on a garage roof - so only an additional use of an existing garage. Also in this case arises, if one follows the grounds of the VG, in each case always a permission obligation. Similarly, all other courts will probably see that, as well, the building authorities anyway.

Consequences of a black building

The construction of a building without permission is considered as "black building", if the building would actually require a permit.

The consequences of a black building can be quite painful:

  • Authorization requirement and fine (if the roof terrace can be approved in its form)
  • Stop the construction progress
  • Obligation to demolish / dismantle
  • Compensation claims in the event that the improper erection of others have been damaged

A black brick is worthwhile in this case, not even for yourself. When constructing a roof terrace, a sufficient load bearing capacity of a flat roof must be given (250 kg / m² are already considered average value), otherwise the stability of the roof is endangered.

The roof cutout in the pitched roof can also endanger the stability of the entire roof structure by improper removal of individual roof parts. In addition, it must be ensured that the roof opening also has sufficient load-bearing capacity for the terrace construction. Otherwise, there is a high risk for the stability of the entire building.

Neighboring rights can also cause problems. For example, the required distances to the neighboring property must be adhered to. Neighbors must not incur any disadvantages from the construction of the roof terrace.

Tips & Tricks

Also due to a development plan of a municipality, the construction of a roof terrace may be inadmissible. What is allowed and possible is therefore only ever experienced at the municipal building authority.

Video Board: Do I need planning permission for a roof terrace