Whether you need a building permit to build a garden shed depends on various factors. We explain what you should pay attention to.
Many people simply put a garden house in their garden and don't think about the legal situation at all. In fact, in many cases it is possible to build a garden house without a building permit. However, you may need to obtain a building permit before.
Now you might be wondering, who cares, whether you need planning permission for your summerhouse or not. This is where your neighbors come into play. If they are bothered by your garden house and take action against it, this can become uncomfortable for you. If it turns out that you shouldn't have built the house in the first place, you have to reckon with a road.
When does a summer house require approval?
Whether you need a building permit for your planned summer house depends on various factors:
- Foundation
- Size
- Usage
- local development plan
Foundation of the garden house decisive for the building permit requirement
Summer houses made of wood are much more susceptible to moisture than brick summer houses. You can protect your garden house from damp weather with a weather protection paint. However, under certain circumstances, the soil moisture can still penetrate into the wood. With a solid foundation, you can protect your garden house from this moisture and thus increase its longevity. However, garden houses with such a foundation require a building permit. Size doesn't matter here.
Obligatory building permit depends on the volume of the garden house
As already mentioned, all garden houses with a solid foundation are subject to approval. However, if you do without a solid foundation, you may be able to build your one-storey garden house without a building permit. The size plays a decisive role here. Depending on the federal state, the regulations regarding buildings that do not require a permit differ significantly and relate either to the floor area or the areaVolume:
| State | Development area | Outside |
|---|---|---|
| Baden-Württemberg | over 40 m³ capacity | over 20 m³ capacity |
| Bavaria | over 75 m³ capacity | only with building permit |
| Berlin | over 10 m² floor space | only with building permit |
| Brandenburg | over 75 m³ capacity | only with building permit |
| Bremen | over 30 m³ capacity | over 6 m³ capacity |
| Hamburg | over 30 m³ capacity | only with building permit |
| Hessen | over 30 m³ capacity | only with building permit |
| Mecklenburg-West Pomerania | over 10 m² floor space | only with building permit |
| Lower Saxony | over 40 m³ capacity | over 20 m³ capacity |
| North Rhine-Westphalia | over 30 m³ capacity | only for agriculture / forestry |
| Rhineland-Palatinate | over 50 m³ capacity | over 10 m³ capacity |
| Saarland | over 10 m² floor space | only with building permit |
| Saxony | over 10 m² floor space | only with building permit |
| Saxony-Anh alt | over 10 m² floor space | only with building permit |
| Schleswig-Holstein | over 30 m³ capacity | over 10 m³ capacity |
| Thuringia | over 10 m² floor space | only with building permit |
As you can see from the table, you must apply for a building permit in most federal states, regardless of the size, if you want to build the garden house outside of the development area.
Use of the garden house decide on the approval requirement
The building regulations of the federal states regulate the size from which a garden house requires a building permit. In most federal states, however, these regulations only apply to garden houses without lounges. In Bavaria, for example, you can build a summer house with a volume of up to 75 m³ without a permit. However, as soon as you want to use this not only temporarily for your stay, you have to apply for a building permit. The same applies if you are planning a toilet or fireplace in your garden shed.
» Reading tip: Furnish a garden house comfortably - 8 tips for a feel-good atmosphere
Development plan has influenceon building permit requirement for the garden house
Not only the building regulations of the federal states play a role when it comes to the building permit requirement for garden houses. Municipalities also have a say. For example, the local development plan plays a decisive role. If this provides for a certain distance to the neighboring property, a permit is usually required if you want to place the garden house closer or even directly to the property line. There are often exceptions here, if the building is no higher than three meters.
In addition to the distance to the neighboring property, the development plan may also contain a regulation regarding the total area that may be built on. So it can happen that you are no longer allowed to build a garden house due to the size of your home. Depending on the municipality, garden houses are not affected by this regulation.
Conclusion: Before building the garden house, obtain information from the responsible office
The regulations regarding the building permit requirement for garden houses are very complex and depend on various factors. Keeping an overview here is not always easy. Before you buy a garden shed, you should therefore inquire with the responsible authority whether you can build it as you have planned.
Tip: If you do not obtain a building permit for a summer house that requires a permit, you may be fined for illegal construction and you will have to rebuild it.