Questione giuridica chiave
How to calculate the extra facade-length surcharge for boundary-distance purposes when only part of a facade section rises more than 1.5 m above terrain.
Decisione estratta
For the surcharge under § 22 Abs. 3 KBR, each facade side must be assessed separately; facade portions not rising more than 1.5 m above the relevant terrain are disregarded.
Motivazione estratta
Boundary-distance rules serve schematic neighbour protection based on facade impact. Applying the underground-floor rule of § 17 Abs. 1 KBR to the whole building would create unreasonable results, especially for slope buildings. Teleologically, only the facade section facing the neighbour and exceeding the relevant height counts; functional or structural separability is not required.