A garden shed is an indispensable must for many homeowners or allotment garden owners. However, you are not allowed to build such an arbor as you please: a building permit is often required. How big can a garden shed be so that it does not require a permit?
In a nutshell
- maximum size for garden shed without planning permission 10 square meters
- in some federal states, however, larger scales are also possible
- Maximum size to be found in state building codes
- building permit is always required for garden sheds with concrete foundations
- Exceptions for summer houses in allotment gardens
Table of contents
- Permit-free garden houses
- state building codes
- Overview by federal states
- Exception allotment garden
- frequently asked Questions
Permit-free garden houses
Horticultural buildings, to which in addition to garden houses also pavilions, dandruff and even greenhouses count, generally require a building permit, d. H. You must apply for one before setting it up. However, provided that certain requirements are met, you may
garden house build without a permit. These conditions differ from state to state, but the following minimum requirements apply nationwide:- allowed maximum size 10 cubic meters
- no solid (concrete) foundation, can be dismantled at any time
- no Fireplace (i.e. H. also no heating, fireplace or stove)
- no integrated toilet
- no lounge with sleeping accommodation
Garden houses may not be used for living under German law. Buildings with concrete foundations are always subject to approval, regardless of their size.
Tip: If you only set up your greenhouse in the warm season and dismantle it in winter, it is considered a "temporary construction" under building law and does not require a permit, regardless of its size.
state building codes
Especially with regard to the maximum size, the regulations in the individual federal states differ greatly. In all German states, garden houses with a maximum size of ten square meters do not require a permit, although in some significantly larger ones Buildings also do not require approval - but only as long as they do not require a solid foundation and can be dismantled without any problems permit. The state building regulations (LBauO) of your federal state provide you with the relevant requirements. Since building law is a state matter according to the Federal Constitutional Court, each German federal state has created its own legal framework in this regard.
Overview by federal states
According to the regulations of the respective state building codes, garden houses with these maximum sizes do not require a building permit:
| Federal State | Maximum size for garden shed | Legal basis |
|---|---|---|
| Baden-Wuerttemberg | up to 40 cubic meters, outside of built-up areas a maximum of 20 cubic meters | §50 LBO |
| Bavaria | up to 75 cubic meters, no construction allowed outside of built-up areas | §57 BayBO |
| Berlin | up to 10 square meters, no construction allowed outside of development areas | §61 BauO Bln |
| Brandenburg | up to 75 cubic meters, no construction allowed outside of built-up areas | §55 BbgBO |
| Bremen | up to 10 square meters, outside of built-up areas a maximum of 6 square meters | §61 BremLBO |
| Hamburg | up to 30 cubic meters, no construction allowed outside of built-up areas | §60 HBauO |
| Hesse | up to 30 cubic meters, no construction allowed outside of built-up areas | §63 HBO |
| Mecklenburg-Western Pomerania | up to 10 square meters, outside of built-up areas, construction of sheds or arbors only permitted for agricultural or forestry operations | § 61 NBauO M-V |
| Lower Saxony | up to 40 cubic meters, outside of built-up areas a maximum of 20 cubic meters | §60 NBauO |
| North Rhine-Westphalia | up to 75 cubic meters, outside of built-up areas only permitted for agricultural or forestry operations | §62 BauO NRW |
| Rhineland-Palatinate | up to 50 cubic meters, outside of built-up areas a maximum of 10 cubic meters | §62 LBauO |
| Saarland | up to 10 square meters, no construction allowed outside of development areas | §61 LBO |
| Saxony | up to 75 cubic meters, no construction allowed outside of built-up areas | §61 SächsBO |
| Saxony-Anhalt | up to 10 square meters, no construction allowed outside of development areas | §61 BauO LSA |
| Schleswig Holstein | up to 30 cubic meters, outside of built-up areas a maximum of 10 cubic meters | §61 LBO |
| Thuringia | up to 10 square meters, no construction allowed outside of development areas | §60 ThüBO |
A notice: Before you build your garden house, which does not require a permit according to the state building law, you should first build one Take a look at the development plan that applies to you: completely different regulations may apply here or. certain construction methods are prescribed.
Exception allotment garden
Now, before you object that many gazebos in Schreber or allotments yes, are much larger: in fact, other regulations apply to these gardens, which are set out in the Federal Allotment Law (BKlingG) can be read. Allotment gardens are not subject to the state building regulations, but enjoy a legal exception. The following rules apply to the construction of a garden house without a building permit:
- maximum floor area including covered terrace 24 square meters
- Only one garden shed per allotment, additional shed not allowed
- may not be used for permanent living
- however, occasional overnight stays are permitted
The regulations mentioned are stipulated for allotments on a federal basis, i. H. they apply in all federal states.
Tip: In contrast to the garden shed in the private housing estate, you can install a toilet in the garden in the allotment garden. However, you must have a chemistry or composting toilet choose or install a permanent septic tank yourself, which is then regularly emptied and shut down.
frequently asked Questions
If you need a building permit for the construction of your garden shed, submit the application either to your municipality or to the lower building control authority. All necessary test documents must be submitted with the application. It is best to ask the competent authority what these are before you actually submit your application: the regulations in this regard vary greatly.
Some homeowners may think: where there is no plaintiff, there is no judge! – and simply builds without permission. However, this can be expensive, because if you discover it, you either have to go through the expensive subsequent approval process or tear down the hut at your own expense. In many cases, a fine is also payable. In addition, the danger of being caught is high: either because an unpopular neighbor ratted you out or because the community has let camera drones fly over the site.
For garden houses that do not require approval according to state building law, no minimum distances have to be observed, i. H. You can go straight to the property line build. However, this regulation can be overridden by the municipal development plan, which is why you should take a look there again before building. It also makes sense to inform the neighbors about the project before construction - so that there are no disputes afterwards. In the case of summer houses with planning permission, on the other hand, a minimum distance of three meters must be maintained.
