Introduction
Carport, garden house, or conservatory -- do you need a building permit (Baugenehmigung) for that? The answer depends on the federal state, the size, and the location. Here you will find an overview of when a construction project is permit-free and when you need to submit a building application.
Basic Principle: The State Building Code Decides
Building law in Germany is a matter for the federal states (Laendersache). Each federal state has its own State Building Code (Landesbauordnung, LBO) that determines which structures are permit-free.
This means: A garden house that is permit-free in Bavaria may require a permit in Berlin. Always check the LBO of your federal state.Overview: Permit-Free or Not?
The following table shows typical thresholds -- the exact values vary by federal state.
| Construction Project | Often Permit-Free Up To | Permit Required Above |
|---|---|---|
| Garden house | 10--30 m² (depending on state) | Above that |
| Carport | 30--50 m² | Above that |
| Conservatory | Rarely permit-free | Usually requires a permit |
| Terrace roof | 30 m² (some states) | Above that, or if unheated |
| Fence / enclosure | Up to 2 m height | Over 2 m |
| Satellite dish | Up to 1 m diameter | Above that |
| Balcony addition | Never permit-free | Always |
Garden House
When Is It Permit-Free?
The thresholds vary considerably:
| Federal State | Permit-Free Up To |
|---|---|
| Baden-Wuerttemberg | 40 m³ gross volume |
| Bavaria | 75 m³ (outer area: 0!) |
| Berlin | 10 m² floor area |
| Brandenburg | 75 m³ |
| Hamburg | 30 m³ |
| Hesse | 30 m² |
| NRW | 75 m³ |
| Saxony | 10 m² |
What to Watch Out For?
- Setback distances: Even permit-free structures must comply with boundary distances (usually 3 m)
- Development plan (B-Plan): You must follow the B-Plan even without a permit
- Outer area (Section 35 BauGB -- Federal Building Code): Strict rules apply in outer areas -- almost everything requires a permit
Carport
When Is It Permit-Free?
| Federal State | Permit-Free Up To |
|---|---|
| Bavaria | 50 m² |
| Berlin | 30 m² |
| NRW | 30 m² |
| Lower Saxony | 30 m² |
| Saxony | 30 m² |
Special Considerations
- Open construction: A carport has no walls (or a maximum of 2 sides). A garage is a different matter and almost always requires a permit.
- Boundary construction: Some states allow carports on the property boundary -- with restrictions.
Conservatory
Almost Always Requires a Permit
Conservatories require a permit in most federal states because they:
- Increase the living area
- Must meet energy requirements (GEG -- Building Energy Act)
- Require structural assessment
Exception: Unheated Conservatory
An unheated conservatory (Kaltwintergarten) may be permit-free in some federal states if it does not exceed certain dimensions. Check the LBO of your state.
Terrace Roof
When Is It Permit-Free?
| Federal State | Permit-Free Up To |
|---|---|
| NRW | 30 m² and up to 3 m depth |
| Bavaria | Procedure-free up to certain dimensions |
| Berlin | Usually requires a permit |
Distinction
- Open roof: Roof only, no side walls -- more likely to be permit-free
- Enclosed roof: With side walls -- becomes a conservatory -- requires a permit
Special Cases
Swimming Pool
- In many federal states, permit-free up to 100 m³ pool volume
- Setback distances and B-Plan must be observed
Photovoltaic System (Roof)
- Permit-free on existing buildings
- Exception: Listed buildings (Denkmalschutz)
Wall / Retaining Wall
- Usually permit-free up to 2 m height
- On slopes: always check
What to Do If a Permit Is Required?
Submit a Building Application
- Commission an architect / civil engineer (prepares the building application)
- Compile the documents (site plan, building drawings, calculations)
- Submit to the building authority (Bauordnungsamt) (responsible: district / county)
- Processing time: 4--12 weeks (simplified procedure)
- Receive permit -- start building
Costs
See our article: Building Permit Costs
Frequently Asked Questions
What happens if I build without a permit?
Unauthorised construction (Schwarzbau). The building supervisory authority can order demolition. In addition, fines of up to 50,000 EUR may be imposed (depending on the federal state). In the worst case, the structure must be removed.Can I use a neighbour's building permit as a guide?
No. Each construction project is assessed individually. The fact that your neighbour built something does not mean you are allowed to do the same.Can I submit a preliminary building inquiry?
Yes. A preliminary building inquiry (Bauvoranfrage) clarifies in advance whether your project is generally eligible for approval. Costs: 50--500 EUR (partially credited against the building application).Does the permit exemption also apply in outer areas?
Usually no. In outer areas (Section 35 BauGB -- Federal Building Code), stricter rules apply. Even small structures like garden houses often require a permit there.Summary
- The State Building Code decides -- thresholds vary by federal state
- Garden house: 10--75 m³ depending on state, permit-free
- Carport: 30--50 m² depending on state, permit-free
- Conservatory: Almost always requires a permit
- Setback distances and B-Plan apply even without a permit
- Outer area: Almost everything requires a permit
- When in doubt: Submit a preliminary building inquiry
Related Tips
- Building Permit Costs -- How Much Does a Building Application Cost?
- How to Submit a Building Application -- Guide
- Building Permit Duration -- How Long Does It Take?