Building permit
Building permit for a garden office in Baden-Württemberg
Baden-Württemberg allows buildings without habitable rooms up to 40 m³ gross volume within built-up areas without a procedure under § 50 LBO-BW. Solo and Studio stay below it; Werkstatt and Galerie need an application.
- Permit-free up to
- 40 m³
- Measured by
- Brutto-Rauminhalt
- Legal basis
- § 50 LBO-BW
Which Konvel models are permit-free in Baden-Württemberg?
| Model | Floor area | Gross volume | Status |
|---|---|---|---|
| Konvel Solo | ~12 m² | ~30 m³ | Permit-free |
| Konvel Studio | ~15 m² | ~38 m³ | Permit-free |
| Konvel Werkstatt | ~18 m² | ~43 m³ | Permit required |
| Konvel Galerie | ~21 m² | ~51 m³ | Permit required |
Floor area from the external wall dimensions, volume with the highest roof edge — deliberately rounded up so the estimate stays on the safe side.
What to watch in Baden-Württemberg
Baden-Württemberg has the Kenntnisgabeverfahren as a simplified route for many projects; whether it applies to a garden office above 40 m³ is up to the municipality. For Werkstatt or Galerie we provide the building documents usually required for it.
What applies even without a permit
Even where no permit is required by the state, these constraints still apply:
- No Aufenthaltsraum (formally — see below)
- No toilet, no bathroom, no kitchen
- No fireplace: no wood stove, no chimney, no permanent stove
- No fixed connection to water mains or sewerage
- Average wall height max. 3.0 m (Schleswig-Holstein: 2.75 m)
- 3 m boundary setback for buildings over ~30 m³
- Boundary placement only for very small buildings, max. 9 m along one boundary, max. 15 m total
- A permanent concrete foundation may trigger a permit requirement — the structure must remain "removable in principle"
- Rainwater must drain on the customer's own plot
The Aufenthaltsraum trap — relevant in every Bundesland
Strictly speaking, every state's building code says the permit-free structure cannot be an Aufenthaltsraum — a room intended for more than transient human occupation. An office where someone works eight hours a day is, formally, an Aufenthaltsraum.
Exception 1: Außenbereich (outside built-up areas)
If the plot lies outside contiguously developed parts of town (Außenbereich per § 35 BauGB), the rules are significantly stricter. A permit is often required regardless of size. Konvel buyers are mostly in the Innenbereich; for rural postcodes we review the case with you in advance.
Exception 2: Allotment gardens (Kleingartenanlagen)
Allotment gardens are governed by the federal Bundeskleingartengesetz, not state law. Maximum 24 m² including covered terrace, no permanent residence, no modern office use. Konvel therefore does not sell to allotment-garden customers — buildings there are legally limited to traditional Gartenlauben.
Bebauungsplan can override everything
Local development plans (Bebauungsplan) can be stricter than the state building code. Even where a structure would be permit-free under the LBauO, a Bebauungsplan can ban outbuildings entirely, limit heights, prescribe roof forms, specify cladding materials or require larger setbacks. The definitive answer comes only from the local Bauamt.
Common questions about Baden-Württemberg
- Do I need a building permit for a garden office in Baden-Württemberg?
- Generally not: under § 50 LBO-BW, buildings without habitable rooms up to 40 m³ are permit-free, and Konvel Solo and Konvel Studio stay below that. Development plan, setback and the habitable-room question still apply.
- How is the threshold measured in Baden-Württemberg?
- By gross volume: external wall dimensions times building height. We calculate with the highest roof edge and round up so no model is misjudged by a narrow margin. The building authority states the binding method.
- What do I have to observe in Baden-Württemberg even without a permit?
- The setback of generally 3 m to the neighbour, the local development plan, and the rule that permit-free buildings are formally not habitable rooms. Stricter rules apply in the Außenbereich and in allotment gardens.
Other federal states
Not legal advice. State building codes as understood to the best of our knowledge; only your building authority's information is binding.