Tree house, carport & co.: building permit required?

© freepik – mko

A winter garden, a carport, a tree house for the children – around the home there is always something to build. But the creativity of the builders is often legally limited. Where is it allowed to expand? Who must be asked? And when do you need a building permit?

Which cultivation is permit-free?

The building permit law is regulated differently from federal state to federal state in the respective state building code. It may well be that you need a building permit in one federal state for the construction of a carport or an extension and not in another federal state.

In Schleswig-Holstein, for example, buildings without recreation rooms, toilets or fireplaces, with the exception of garages, sales and exhibition stands with a gross volume of up to 30 m³, and up to 10 m³ in outdoor areas, may be built without permission.

In North Rhine-Westphalia, the permit-free limit according to the state building code is also 30 m³. This would be about a building with an area of 5 by 2 meters and 3 meters high.

In Bavaria, buildings with a volume of up to 75 cubic meters can be built without a permit, as long as they are not to be erected in the outer area. Garages and parking lots can also be built with an area of up to 50 m2 without a permit.

Building permit required for carport?

Whether a building permit is required for a carport depends on the regulations of the respective state building code. A permission-free building of a Carports is possible – depending upon size – in the Lands of the Federal Republic Bavaria, Thuringia, Schleswig-Holstein, Saxonia-Anhalt and Saxonia. In all other federal states one needs either a building application or a building announcement.

As a rule, the following documents must be submitted for the building permit: Building application, building description, site plan scale 1:500, construction drawing, statics.

Do you need a building permit for a conservatory??

The addition of a conservatory to a building is subject to approval, as it represents a structural change. The extension must comply with the respective state building code, and the development plan. A building permit is therefore usually necessary. But the municipality can regulate in the context of the development plan that certain building projects are permit-free. The prerequisite for this is that the conservatory extension is located in the area of application of a qualified development plan, it does not contradict the regulations of the development plan, the development is secured and the municipality does not order a simplified approval procedure or apply to provisionally prohibit the extension.

Is a building permit required for a summer house??

Whether a building permit is required for a garden shed depends on the applicable state building regulations and the development plan. Important criteria are the size and area of the planned garden house.
In North Rhine-Westphalia, for example, a garden house of 30 square meters can be erected without a permit, in Rhineland-Palatinate of 50 square meters.

However, the development plan may also contain information on the erection of a garden house. Thus, he can determine the area to be built on and also the external appearance of the garden house.

Building permit for tree house?

The same building regulations apply to tree houses as to garden houses. If the builder stays within the state building code guidelines for area and volume, no permit is required.

In addition, when building a tree house, the distance rules under state law to the neighboring property must also be observed. The Regional Court of Dortmund ruled in a case (file number 1 S 109/06) that the distance regulation under state law also applies if a tree house is used exclusively for children to play and is not inhabited. A massive tree house, which was fixed at a height of two meters directly on the property boundary between two spruce trees, had to be moved back by 20 centimeters as a result.

How long does a building permit for an extension take??

The duration of a building permit can not be named in a general way. It is u.a. Depending on the application situation in the building office and the completeness of the building application documents. This can take from a few weeks to several months.

What does a building permit for an extension cost?

The costs for a building permit amount to between 0.5 and 1 percent of the building sum.

What other building regulations must be observed??

But even if no building application is necessary for the construction of a carport, building regulations such as the BauNVO, the development plan or neighboring rights must be observed. The state building codes regulate, for example, the permissibility of building on a boundary. Distance to the neighbor, building volume and the presence of other ancillary facilities on the property boundary play a role here. In the development plan can u.a. the overbuildable property area for a carport must be designated.

What happens if you build without a permit?

Anyone who builds without the required building permit risks a heavy fine. For sog. Illegal construction can result in a fine of up to 50 % in Bavaria, Brandenburg, Hamburg, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony and Schleswig-Holstein.000 euros are due. In addition, the black building must be demolished at the owner’s own expense.

When does a black building become time-barred?

Often the belief prevails that the construction of a building without the necessary building permit is barred after a certain period of time and the building may remain standing. This is not the case! There is no statute of limitations in public building law.

Tip: Include building authority!

In the case of extensions, garden houses or carports, it is always advisable to consult the local building authority or building department because of the legal situation, which is often unclear to the layman. Clerks will check to see what legal requirements apply in each case. In this way, neighboring rights or monument protection concerns can be clarified in advance.

In addition, the building authorities make sure that the respective regulations are observed. The Administrative Court in Hesse, for example, demanded the removal of a terrace that the defendant had erected on a carport in boundary development (case number 4 UE 1626/06). The terrace was on average only 15 centimeters higher than provided for in the original building permit. The court, however, ruled that actual encroachment is not determinative in violations of building code distance requirements that have a direct relationship to neighboring properties. In such cases, the only decisive factor is that the rights of neighbors and the requirement of special consideration have been violated.

first published on 10.11.2010, last update on 19.05.2021

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