If you want to set up a carport in your garden, you don't necessarily need a building permit. The decision varies from state to state.
Carports are becoming more and more popular as an alternative to the garage, because the parking spaces for the car, which are usually supplied as a kit, can be set up quickly and save you the jump starter and jumper cables in winter. In addition to your own car, there is also space for car accessories such as windscreen antifreeze, windscreen de-icer or replacement windscreen wipers, motorcycles, bicycles or toys and garden equipment. A building permit for the carport in your own garden is only rarely considered. Such a permit is required for every structural change in Germany. There is no uniform legal situation for carport construction. Each federal state has its own regulations, so it can happen that a permit is not always mandatory. Below we have compiled all the information that should be considered when building a carport.
What counts as a carport?
Carports are covered parking spaces. By law, they are considered open garages, which means that the carport is treated as a garage for building permit purposes. The shelter is intended for cars and can be made of wood, plastic or metal. The roofs are made of wood, tar paper or plastic panels. To ensure better protection for the vehicles inside, the side walls of the shelter can also be covered.
Whereas garages are often made of brick, a carport consists of a simple pillar construction and is quick to erect. A carport becomes an open garage if it has exits and the perimeter of the shelter is at least a third of the total area of the garage walls.
With the help of tips and instructions from the Internet, even less experienced craftsmen can build a carport themselves. Instructions that we liked can be found on Bomschtown (private builder, many pictures) or Baubeaver (trained carpenter, technically demanding).
It should not be forgotten that carports have to be cemented in and in most cases also via a have a base plate. This means that structural changes are made on the property, whichrequire approval.
What is the legal situation?
Carports are not complicated constructions, relatively cheap and quick to set up. The legal situation associated with the construction is far more confused. As already mentioned, carports are permanent structural changes. In principle, a permit is required for this. But exceptions prove the rule.
Each federal state has its own regulations in this regard. Cities and municipalities often reserve the right to specify the general requirements in more detail. The size is often decisive. A permit is not mandatory for small carports.
Builders should not take chances. If you build without a permit, you risk disputes with your neighbors and requirements from the building authority if you cannot show a building permit during a possible inspection.
How do the federal states proceed in detail?
There are individual development plans for all cities and communities in Germany. This means that the specifications can differ in the individual districts and streets. It is usually forbidden to set up carports and garages in the front yard and between the edge of the house and the street.
The development plan stipulates, for example, the locations at which it is generally possible to set up a parking space. The condition of the roof covering and the permissible roof pitch are also often listed there. Furthermore, the development plan often also stipulates whether the roofs of carports and garages may be planted.
If municipalities do not have a development plan, the national legal situation applies and the client must comply with the regulations in the respective state building code.
If you take a look at the building regulations of the federal states, it becomes clear that carports do not always require a building permit. Individual procedural freedom exists in the following cases. The information also relates to the current status of March 2022.
| State | Regulations |
|---|---|
| Baden-Württemberg | • In compliance with public law regulations, no building permit is required if the enclosed space is no more than 40 m³ inside and less than 20 m³ outside. |
| Bavaria | • A permit is not required for carports with an area of no more than 50 m². • The height of the carports must not exceed three metres. • The nearest property line must be eight metres Keep your distance. |
| Berlin | • TheProcess-free carports must not exceed an area of 30 m². • The permissible wall height is three metres. • A distance of three meters must be maintained from all property boundaries. |
| Brandenburg | • The size of the carport must not exceed 50 m². • The maximum height is three metres. • The minimum distance to the road is three metres. |
| Bremen | • The floor area must not exceed 50 m². • The average wall height is a maximum of three meters. |
| Hamburg | • The floor area must not exceed 50 m². • The permissible wall height is three metres. |
| Hessen | • Carports with an area of up to 50 m² do not require a building permit. • It is irrelevant whether it is a single or a double carport. |
| Mecklenburg-West Pomerania | • The floor area must not exceed 30 m². • A maximum wall height of three meters is permitted. |
| Lower Saxony | • The permitted total area is 20 m². • The driveway must have a minimum width of 2.5 metres. • The minimum distance to the property line and to public roads is three metres. |
| North Rhine-Westphalia | • There are no special requirements for carports with a total area of up to 100 m². • The maximum permissible height is three metres. • You must also maintain a distance of three meters from public roads . |
| Rhineland-Palatinate | • The floor area must not exceed 50 m². • The maximum height of the outer walls is 3.20 meters. |
| Saarland | • A maximum floor area of 36 m² is permitted. • The average wall height is limited to three metres. |
| Saxony | • The base area is 50 m² as the design limit. • The average wall height is a maximum of three metres. • The minimum length is five metres. • The Carport must be completely on the property. |
| Things Anh alt | • The permitted plot area varies between the individual regions between 40 and 50 m². • The walls must not exceed a height of three meters. • The maximum length per plot line is nine meters. |
| Schleswig-Holstein | • The height of the carport must not exceed 2.75 metres. • A maximum of nine meters is permitted for the side wall. • The roof may be ahave a maximum inclination of 45 degrees. |
| Thuringia | • A maximum floor area of 40 m² is permitted. • The average height must not exceed three metres. • The carport may only be built indoors. |
The building permit can only be waived if the fire protection regulations have been taken into account and the regulations regarding the protection of monuments and the environment have been observed. See also https://www.brand-feuer.de/index.php? title=Carport
If in doubt, consult the responsible building authority. It cannot be ruled out that the municipalities have made individual regulations.
The most important regulations can be read in detail in the building regulations of the federal states:
| State | corresponding legal text |
|---|---|
| Baden-Württemberg | Abs. 1 LBO § 50 |
| Bavaria | Abs. 1 No. 1b BayBO Art. 57 |
| Berlin | BauOBln § 62 |
| Brandenburg | BbgBO § 55 |
| Bremen | BremLBO § 61 |
| Hamburg | Art. 1 HBauO § 60 |
| Hessen | HBO § 63 |
| Mecklenburg-West Pomerania | LBauO M-V § 61 |
| Lower Saxony | NBauO § 60 |
| North Rhine-Westphalia | BauO NRW § 63,67.68 |
| Rhineland-Palatinate | LBauO § 62 |
| Saarland | LBO § 62 |
| Saxony | SächsBO § 61 |
| Things Anh alt | BauO LSA § 60 |
| Schleswig-Holstein | BauO S-H § 60 |
| Thuringia | ThürBO § 60 |
Dispute with neighbor over carport
Usually it is not the public regulations that complicate or even destroy the construction of a carport. Neighborhood disputes are inevitable if they see their rights violated.
It is important to keep the specified distances. Carports must not exceed a height of three meters in most cases. In most cases, the total area is limited to 50 m². At property lines, the maximum length is usually nine meters.
Warning: The information is not consistent. It is advisable to ask the responsible building authority.
For larger construction projects, the consent of the neighbor must be obtained. It is best to get this in writing from the client. So he has a backup in hand, if itdisputes and disagreements should subsequently arise.
If the guidelines set by the countries cannot be met, the written consent of the neighbor is a necessity. Some federal states require the document to be notarized and entered in the register of building encumbrances.
Carport planning application - what must be considered?
The building permit should be obtained before the construction of the carport. However, the decision for the right carport should already have been made, since the corresponding dimensions are relevant for the application.
The following documents are required for the application:
- Map
- Building Description
- Construction drawing on a scale of 1:100
- Excerpt from the real estate cadastre
- professional static calculations
The excerpt from the cadastral map with the site plan should not be more than two years old. Builders receive the documents from the surveying office. The construction drawing must contain floor plan, section and elevations.
» Tip: Civil engineers or architects can help and also have knowledge of the necessary forms.
The application forms are issued by the building authority. It may take a few months for a decision to be made on the application.
How much does a planning application cost?
No uniform information can be given here either. The decision on the price is also up to the individual federal states.
The costs are made up as follows:
true-to-scale cadastral map
building application
required signatures15 to 20 euros
50 to 200 euros
200 to 400 eurosRoughly speaking, builders have to reckon with costs of between 300 and 600 euros.
Building without planning permission - what happens?
If you don't take care of the respective legal situation and build your carport without permission, you have to expect problems. If neighbors complain to the building authority or if the authority accidentally becomes aware of the construction and the client cannot produce a permit, this can be expensive.
Many municipalities provide that the carports have to be dismantled in this case. Some federal states have high fines for building offenders in their building codes. In Bavaria, Lower Saxony and Saxony, there are pen alties of up to 500,000 euros (more on this here).
Do illegal buildings become statute-barred?
Anyone who builds without a permit cannot hope for the statute of limitations on the matter. Theoretically, the building authority can still object to this years latererected carport in the garden and take appropriate measures.
Is grandfathering possible?
In general parlance, something like "grandfathering" has crept in. The following thought is often meant: "… if my building has been standing for seven years, I won't have to tear it down". However, the grandfathering only assures the owner of comprehensive protection against later changes in the law. The protection applies only to buildings and their use if they have been constructed legally and with a legitimate building permit. (Comparison: BVerwG 4 C)
This means that if you build your carport without permission, demolition is possible even after many years and decades.
A special form of active protection is regulated in Section 35, Paragraph 4 of the Building Code. According to this, "due to the protection of an existing structure in the outdoor area, a related further structural project or a change in use can be permitted, even if this would not actually be possible under the current legal situation," writes lawyer Martin Spatz.
However, the paragraph only applies if the adjacent facility was built lawfully. The building permit remains decisive.