Questão jurídica principal
Whether the lowest storey exceeded the 1.3 m threshold and counted as an unlawful full floor
Decisão extraída
No. Even using the corrected level-point calculation, the distance from the upper slab remained below 1.3 m, so the storey qualified as a permissible basement.
Fundamentação extraída
The Federal Court accepted the Geoinfo AG measurements. The lower court confused the two plans, but the corrected figures still did not change the outcome, and there was no reason to doubt the survey or order further evidence.