Garden wall - when is a permit required?

Time and again there is uncertainty about when to get a building permit for a garden wall, and when not. What are the requirements of a wall permit-free, where this applies and what should be observed in any case, read in this post.


The approval requirement of a privacy wall in the garden is regulated differently and depends on the respective federal state and the municipality. Basically, therefore, you must first comply with the applicable state building regulations.

In addition to the building regulations of the state, municipal regulations - such as certain specifications in the development plan - may also apply. In individual cases, this must always be clarified with the responsible building authority.

As a rough guideline, which applies in most federal states, you can assume that a garden wall is not permitted if it is not higher than 1.80 m. Of this rule, there are always exceptions - for example, in Munich with a maximum of 1.50 m permitted height.

Walls as a property boundary

However, if the garden wall constitutes a plot boundary, further statutory provisions apply here. Here are the provisions of the so-called Neighbor Law.

There is a neighboring right in each state except in three:

  • Mecklenburg-Vorpommern
  • Bremen and
  • Hamburg

The municipalities can then restrict the neighboring law of the respective federal state by further ordinances and make additional specifications. In many federal states, the usual height limit of a maximum of 1.80 m and usually a distance of at least 50 cm from the neighboring property applies here as well.

Customary enclosures

For garden walls, which are used as a fence, comes in the legal texts, a formulation repeatedly: the local fencing.

For all types of enclosure that are considered "non-local", there may be a ban or certain restrictions may apply. In many cases, this leads to disputes, what is still considered to be customary, and what not. In case of doubt, but the authority decides, sometimes even a consent of the neighbors is sufficient to build a "local unusual" enclosure.

Tips & Tricks

Due to the large number of legal regulations and the numerous differences between the individual communities, you should definitely ask before the start of construction at the local building authority, what is permitted in what way, and when you need a permit.

Video Board: No Permit Required