Whether you need a building permit for a garden house depends on various factors, which vary from state to state in Germany. Here are the most important aspects that determine this:
1. Garden houses that do not require approval
In many cases, a garden house does not require a permit if certain conditions are met:
Size and floor space: In most federal states, garden houses that do not require a permit may not exceed a certain floor space (often between 10 and 30 m²).
Height: The height of the garden house must not exceed a specified limit (e.g. 3 m total height or 2.5 m eaves height).
Use: The garden house must be used exclusively as a tool shed or recreational building. Residential use is usually not permitted without a permit.
Development plan: If your property is located in an area with a development plan, the regulations stipulated therein apply. These regulate, among other things, where and how large a garden shed may be built.
Distance from neighboring property: A minimum distance from neighboring properties is often required (usually 3 meters). Smaller garden sheds may be able to be built directly on the boundary if the neighbor agrees.
2. Garden houses requiring approval
A garden house usually requires a building permit if:
Residential use: The garden house is to be used as living space, for example as a permanent guest room or holiday home.
Size and height are exceeded: If the garden house exceeds the permitted floor area, height or a certain volume (e.g. 75 m³ of enclosed space in some federal states), a permit is required.
Construction projects outside built-up areas: Garden houses that are to be built in so-called outdoor areas (e.g. on agricultural land) often require approval.
Deviations from the development plan: If the garden house violates the requirements of the development plan, such as roof shape, materials or distances, a permit is required.
3. Regional differences
Regulations for garden sheds vary by state. Here are some examples:
Bavaria: Garden houses with up to 75 m³ of enclosed space in built-up areas often do not require a permit.
NRW: In North Rhine-Westphalia, garden houses up to 30 m² in gardens do not require a permit as long as they are not used for residential purposes.
Berlin: In Berlin the limit is 10 m² floor space and 3 m height.
Baden-Württemberg: Here the floor area may not exceed 20 m².
4. Steps to clarification
To find out whether your garden house requires a permit:
Get information from the responsible authority: Contact the building authority of your municipality or city.
Look at the development plan: Check whether a development plan exists for your property and which regulations apply.
Clarify boundary development: Discuss planned boundary construction with your neighbors and check the distance regulations.