Mauer: when do you not need a building permit?


If you want to build a wall, for example in the garden, there are always uncertainties regarding the requirement of a building permit. In which cases you can build walls without permission, and when a building permit is mandatory, read in detail in this post.

Country regulations and municipal regulations

In principle, the building regulations may vary from one federal state to another. There is no uniform nationwide building law. In addition to the national regulations of the individual federal states, municipal regulations often come along - such as certain specifications in the development plans. In many states, there are often other regulations that may apply in addition.

Approval-free walls

In many federal states, walls up to 1.80 m or up to 2 m may be built without a permit. However, this should not be regarded as a license and begin to build without regard for losses. In case of doubt, you have to have the wall approved or otherwise torn down.

Walls with fence function

If a wall is erected on a piece of land to replace a fence, other rules generally apply. Here, additional additional aspects must be considered, which do not occur in an ordinary garden wall (in the middle of the garden).

Nachbarrecht

In almost all federal states of Germany there is its so-called neighbors right. Exceptions are only

  • Bremen
  • Hamburg and
  • Mecklenburg-Vorpommern

In neighboring law, all the regulations that govern the construction of an enclosure on the property have been collected. They apply to fences, hedges and walls. Deviating or more extensive provisions on the basic requirements in the neighboring law may still be in the area of ​​municipal regulations and in the respective valid development plans of the municipality or city.

Customary enclosures

In many cases the term "local enclosure" is mentioned. What is not customary in many cases then may not - or only under certain conditions - be built. This term will probably be encountered in practice. What actually
is not common then often has to be clarified as a dispute. In some cases, an agreement with the neighbor may also replace the requirement of the "local exercise".

Tips & Tricks

With a demand at the local construction office, you are always on the safe side. Always keep in mind that if you build something that is not approved, it may be forced to rip it off. That would be a pity for all the effort.


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