Building permit for the garden house


Whether you need a building permit for your summer house depends on the size of the planned house and the type of use. However, the most important thing is the place of residence, because the federal states sometimes have very different conditions.

Different conditions from state to state

Unfortunately, not only the 16 federal states have different regulations for the construction of a garden shed. They also like to change. There are also local features that you can not list all. These can be, for example, historic townscapes or a monument.

As correct as we have tried to bring the law together, things are going to change quickly. Therefore, it is essential to inquire about the legal basis for your own planned company at the time before building a garden shed at the local construction office.

After all, no one wants to tear everything down a few months after the construction of an expensive garden house. Where then with all the equipment and tools?

Good neighborhood protects something from annoyance

Under no circumstances should you just start like this, because the neighbor sees everything. Of course, a good and friendly neighborhood helps a little. But the most important helpers of the local construction offices have always been the neighbors. Therefore one is on the safe side with a simple building permit.

Allotments have their own conditions

It is relatively easy to comply with the conditions for a garden shed in the allotment. At least the chairman of the allotment garden association knows the rules here and will gladly explain them. Otherwise, all the conditions in the federal allotment garden, which is only rarely changed.

Allotment or tenement garden

The arbours in allotment colonies are subject to the federal allotment garden as described. This means that a gazebo may have a maximum surface area of ​​24 square meters. This includes, however, a covered patio or a veranda.

Nevertheless, this is considerably more than in most states for a garden shed is approved. Nevertheless, for a permanent living, the arbor can not be used, with a night at the weekend or a few nights during the holidays is not spoken of living.

Nevertheless, with a allotment arbor, there is still no great jubilation, because the area must also be sufficient for all garden tools and garden furniture. There must not be built another shed on the parcel.

Cross-border rules

The rules below exclude garages, booths and stalls in most countries. No toilets or fireplaces are allowed in the license-free garden sheds, otherwise other regulations apply. If there are currently exceptions, we have mentioned each of them.

Miniature house often allowed without a building permit

Within the development plan or the development zone of a community, it is often necessary to build garden houses without permit, which do not exceed ten cubic meters. In addition, living or installing a toilet is almost everywhere excluded.

However, you can at least replace the toilet with a mobile camping toilet. The disposal must then unfortunately take on. You should also keep in mind how little ten cubic meters really are.

Even if the clear room height is only two meters, only five square meters of floor space remain. So that's about two meters wide and 2.5 meters in length. However, most garden sheds are already a bit higher than two meters, which reduces the floor area even further.

Lower Saxony, Hamburg and Bremen

Already in these first three federal states shows the different handling in the building permits or better said in building permit-free building. Yet, these federal states are far from being the front runners in terms of their small size, which is possible without a building permit.

Niedersachsen - last modified 14.11.2010 - no permit - building without living rooms

  • up to 40 cubic meters of volume - within the development plan area
  • up to 20 cubic meters of volume - outside the built-up area

Hamburg - last modified 11.05.2010 - no permit - building without living rooms

  • up to 30 cubic meters of volume - within the development plan area
  • no construction outside built-up area without permission

Bremen - last modified 06.10.2009 - no permit - building without Aufenthaltsr

Space by

  • up to 30 cubic meters of volume - within the development plan area
  • up to 6 cubic meters of volume - outside the built-up area

Schleswig-Holstein and Mecklenburg-Vorpommern

Unfortunately, the two neighbors Schleswig-Holstein and Mecklenburg-Vorpommern have also laid down completely different provisions. Special feature is the permission-free building of entire weekend cottages in designated areas of the campsites of Mecklenburg-Vorpommern.

Schleswig-Holstein - from 22.01.2009 - without permit - building without common rooms

  • up to 30 cubic meters of volume - within the development plan area
  • up to 10 cubic meters of volume - outside the built-up area

Mecklenburg-Vorpommern - from 18.04.2006 - without permit - building without living rooms

  • up to 10 cubic meters of volume - within the development plan area
  • no construction outside built-up area without permission
  • up to 40 square meters - weekend cottages in certain areas and campsites - no permit

Bavaria and Baden-Württemberg

In Bavaria, although combustion plants are excluded for a permit-free construction, but not toilets and lounges.

Bavaria - last modified 10.03.2006 - approval-free

  • up to 75 cubic meters of volume - within the development plan area
  • no construction outside built-up area without permission

Baden-Wuerttemberg - from 01.03.2010 - without permit - building without living rooms

  • up to 40 cubic meters of volume - within the development plan area
  • up to 20 cubic meters of volume - outside the built-up area

Berlin and Brandenburg

Unlike in the two neighboring states Berlin and Brandenburg, building regulations can hardly look like. Moreover, in Brandenburg, this provision does not apply to a livestock livestock housing and in Berlin, the regulation also excludes toilets in public traffic areas.

This certainly does not affect a homeowner who just wants to build a nice garden shed for his equipment anyway, but still on this occasion again the note, as a precaution, to inquire with the building authorities, whether changes have occurred.

Berlin - last modified 11.07.2006 - no permit - building without common rooms

  • up to 10 cubic meters of volume - within the development plan area
  • no construction outside built-up area without permission

Brandenburg - from 01.03.2010 - without permit - building without lounges

  • up to 75 cubic meters of volume - within the development plan area
  • no construction outside built-up area without permission

Saxony and Saxony-Anhalt

Saxony is quite stingy in the size of the garden houses, which may be built. But Saxony-Anhalt has to offer some special features.

Saxony - from 28.05.2004 - without permit - building without common rooms

  • up to 10 cubic meters of volume - within the development plan area
  • no construction outside built-up area without permission

Saxony-Anhalt - from 20.12.2005 - approval-free - building without lounges

  • up to 10 cubic meters of volume - within the development plan area
  • Gazebos according to the allotment garden law are without authorization
  • Cabins on certain approved places are without permit
  • no construction outside built-up area without permission

Saarland, Rhineland-Palatinate and North Rhine-Westphalia

Rhineland-Palatinate still has an important exception to its general regulations, which applies around the cultural and natural monuments around. Here may not be built without permission. In turn, North Rhine-Westphalia allows the construction of weekend cottages in special designated places.

Saarland - from 18.02.2004 - no permit - building without lounges

  • up to 10 cubic meters of volume - within the development plan area
  • no construction outside built-up area without permission

Rheinland-Pfalz - last amended 28.09.2005 - no permit - building without recreation rooms

  • up to 50 cubic meters of volume - within the development plan area
  • up to 10 cubic meters of volume - outside the built-up area

North Rhine-Westphalia - from 01.03.2000 - license-free - building without lounges

  • up to 30 cubic meters of volume - within the development plan area
  • after the federal allotment garden gazebos may be built
  • weekend cabins may be built on approved weekend places
  • outside building area, only buildings may be built if they belong to a farm or forestry operation

Thuringia and Hesse

Some countries have specifically mentioned in their building regulations that gazebos may be built according to the Federal Garden Act without additional authorization, including Thuringia. But Thuringia is also very generous with regard to weekend cottages with its general building permit.

Thuringia - from 05.02.2008 - approval-free - building without lounges

  • up to 10 cubic meters of volume - within the development plan area
  • after the federal allotment garden gazebos may be built
  • Cabins may be built with up to 40 square meters of floor space
  • outside the development area no buildings may be erected without a building permit

Hesse - last modified 10.12.2009 - no permit - building without lounges

  • up to 30 cubic meters of volume - within the development plan area
  • no construction outside built-up area without permission

Tips & Tricks

If you want to circumvent the annoying question of building permission legally, only a mobile house remains as a solution. Since only a few have the opportunity to get hold of an old trailer or caravan to make a garden shed, the solution is: skids.

The summer house is built on horizontal crossbars, which rest against rising damp on concrete slabs. However, this variant only works on wind-protected places, since the small building must not be anchored to the ground.

If someone comes up with the idea to inform the building office, you can easily prove that this garden shed is movable and thus does not fall under the Building Act.


Video Board: Do I need Planning Permission For My Garden Building?