If you want to build a residential building, you need a building permit. This fact is clear to most property owners. What is less known, however, is the fact that you often have to ask the authorities for permission to build a garden house. The following article explains when you need a building permit for a garden house and when you don't.
Do I need a building permit for a garden house?
A building permit for a garden house is required depending on the federal state and size. Smaller garden houses do not require a permit in some cases, but zones, height, type of use or solid foundation may require permits. For information about the regulations in your state, consult your local building authority.
“Today you can only build castles in the air without a building permit.” (according to: Willy Meurer)
What is a garden house?
No matter how small, a garden house is by definition always a building. As such, it is fundamentally subject to building law and does not require a building permit except in certain exceptions described here. Buildings – which also include the garden shed – are defined by the legislature as follows:
- It is acovered structure.
- This can be used independently and is used toProtect people, animals or things.
- They areconnected to the ground.
- This also applies if they havelimited mobility,
- ormainly stationary can be used.
- They aremade from building materials and / or components.
Basically, a garden house is not part of the living space and may only be used temporarily.
What is a lounge?
Whether you need a building permit to build your garden house or not depends, among other things, on the definition as a lounge. The law defines this as a room in which you stay for more than just a short time. By definition, bedrooms and living rooms are lounges that always require a building permit. If you set up a bed in your garden house, it is a lounge area that requires approval and in this case you must also subsequently apply for a building permit.
Excursus
Do you need a building permit to park a caravan?
Many resourceful property owners try to circumvent the applicable building regulations with a caravan. In fact, every caravan that is parked on a property for a longer period of time is also subject to approval and must meet the relevant legal requirements. This also applies to tiny houses and other mini houses, to mobile homes (so-called mobile homes) and other movable structural objects.
Building regulations also apply to garden sheds
You don't always need a building permit for a garden house
Whether you need a building permit to build your planned garden house or not depends on a variety of factors:
- Type and use: Does the garden house have cooking facilities, a toilet or other installations requiring approval?
- Size: Different maximum sizes apply for the different federal states, until when a garden house remains without a permit.
- Location: Is the garden house within a built-up area or in an outdoor area? If the latter applies, a building permit is always required in many federal states.
- Height: As a rule, only single-story garden houses up to a maximum height of three meters (depending on the federal state and municipality!) do not require a permit.
- Foundation: Garden houses that rest on a solid concrete foundation also require a building permit in most federal states.
Tip
Since the official requirements regarding the approval requirement for building projects are so confusing and vary so much depending on the federal state and municipality, you should definitely go to your responsible building authority with the specific building plans and submit a so-called preliminary building request there. This clarifies whether you need a building permit for your garden house or not.
Development plan and state building regulations
Building law is not only stipulated in the state building regulations, but also in the so-called development plan of your responsible municipality or municipality. This regulates:
- where you can build and where not
- how big the garden house can be
- and how high
- and also what shape the roof must have.
The regulations differ from municipality to municipality.
The following video explains very clearly why the statutory building regulations are so useful:
Was darf ich auf meinem Grundstück bauen?
Regulations for the garden house according to the development plan
The development plan prescribes the planning specifications for construction projects within certain building limits. These generally include residential areas that were built within the last 80 years. This does not affect so-called outdoor facilities, which are often areas used for agriculture and forestry such as fields, meadows and pastures. Although you can usually create a garden here, for example, building a garden house is often prohibited. In some communities, the development plan also severely restricts the possibility of building a garden house or arbor or prohibits such a project from the outset.
How big can a garden house be?
The respective state building law specifies how large the planned garden house can be. The legal requirements of the individual countries differ greatly from one another. While in Bavaria, for example, arbours with a room size of 75 cubic meters generally do not require approval, builders in Mecklenburg-Western Pomerania have to obtain building permits for areas of just ten square meters.
Overview of sizes that do not require approval and require approval
The following table shows you a clear list of the size up to which a garden house generally remains without approval in accordance with the currently valid (as of September 2019) state building regulations. Please note that some federal states use the maximum size in square meters of floor space, while others use the room size in cubic meters. Nevertheless, your planned garden house may still require approval if your municipality requires this or the house meets other requirements for approval.
| State | Permit-free size in the development area | Permit-free outdoor size |
|---|---|---|
| Baden-Württemberg | up to 40 cubic meters | up to 20 cubic meters |
| Bavaria | up to 75 cubic meters | up to 20 cubic meters |
| Berlin | up to 10 square meters | only with building permit |
| Brandenburg | up to 75 cubic meters | only with building permit |
| Bremen | up to 30 cubic meters | up to 6 cubic meters |
| Hamburg | up to 30 cubic meters | only with building permit |
| Hesse | up to 30 cubic meters | only with building permit |
| Mecklenburg-Western Pomerania | up to 10 square meters | only with building permit |
| Lower Saxony | up to 40 cubic meters | up to 20 cubic meters |
| North Rhine-Westphalia | up to 30 cubic meters | only for agriculture and forestry |
| Rhineland-Palatinate | up to 50 cubic meters | up to 10 cubic meters |
| Saarland | up to 10 square meters | only with building permit |
| Saxony | up to 10 square meters | only with building permit |
| Saxony-Anh alt | up to 10 square meters | only with building permit |
| Schleswig-Holstein | up to 30 cubic meters | up to 10 cubic meters |
| Thuringia | up to 10 square meters | only with building permit |
Excursus
When does a garden house definitely require approval?
Since a garden house may not be used as a permanent living room, models with a permanently installed kitchen or other cooking facility and / or a bathroom or toilet generally require a building permit. The same goes for a shed built on a concrete foundation. This can no longer be easily dismantled and is therefore no longer considered a garden house by the authorities.
If you want to build your garden house without a building permit, you will forego the following components and installations, all of which require approval:
- Kitchen or cooking facility
- Bathroom or toilet
- all heat sources (heating, fireplace, oven, etc.)
- fixed grill
By the way, beds set up and other accommodation options (such as a sofa bed) are also an indication for the authorities that the garden house is to be used as additional living space. Any sleeping accommodations often require a permit for the building.
You can definitely take a nap in the armchair in the garden house
How much does a building permit cost?
Obtaining a building permit always costs money. In principle, the fee rate in many German communities is around half a percent of the raw value. For you this means that around 5.000, - EUR expensive garden shed costs another approx. 25, - EUR fees for the required building permit. But be careful: Many municipalities charge a minimum fee that is set regardless of the raw value of the house and is often in the low three-digit range. These fees are usually due before the building permit is issued, so you should have the money when you apply or within six weeks of submitting the application.
It's better not to build black
Some builders build their garden sheds “black” either out of ignorance of the situation or out of unwillingness, even though they require approval. We strongly advise you not to do this, as it can be expensive in case of doubt! Even if you believe that the responsible authorities can't look into your garden anyway and won't notice anything about the arbor, the illegal building will be discovered faster than you think. All it takes is one angry neighbor reporting you to the building authority. So be sure to adhere to the applicable regulations, including regarding the height and size of the garden house, and do not build the arbor too close to the property line.
Frequently asked questions
Do you also need a building permit for the garden house in the allotment garden?
According to the Federal Allotment Garden Act, allotment gardeners in an allotment garden generally do not need a building permit for their garden house, provided that it, including the terrace in front, is not larger than 24 square meters. This also applies if the house has a cooking facility or kitchen as well as a toilet. You are only not allowed to live in your allotment hut permanently.
Can I set up a garden house on the property boundary?
No matter how small the house is, you are only allowed to set it up on or at the property line in exceptional cases. Most legal regulations require a minimum distance of three meters, and the garden house often cannot be higher than three meters (sometimes even lower). The respective state building regulations dictate when border development is possible.
Do I also need a building permit for a prefabricated wooden garden house?
The same legal regulations apply to prefabricated kits from hardware stores or garden centers as to self-built garden houses. However, the manufacturers often plan these wooden houses from the outset in such a way that they may not require approval (depending on the valid development plan!).
How long is a building permit valid?
Building permits once issued are not valid indefinitely, but lose their validity after a certain period of time (usually three years). After this period has expired, they must be applied for again. However, you can have a building permit extended for a maximum of two years, provided you submit the application in good time before the deadline.
Tip
The authorities understand a procedural-free project to be a building project that does not require a permit, for which you do not need a building permit and therefore do not have to submit an application.
