Building permit
Building permit for a garden office in Hessen
Hesse sets the threshold under § 63 HBO at 50 m³ gross volume for buildings without habitable rooms. Solo, Studio and Werkstatt stay below it; the Galerie, at around 51 m³, is just above and needs a permit application.
- Permit-free up to
- 50 m³
- Measured by
- Brutto-Rauminhalt
- Legal basis
- § 63 HBO
Which Konvel models are permit-free in Hessen?
| 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-free |
| 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 Hessen
If you want the Galerie in Hesse, the covered corner may count towards the footprint — which is why we calculate conservatively with the full roof size. Talk to us: it can often be clarified with the building authority in advance how the volume is measured before an application becomes necessary.
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 Hessen
- Do I need a building permit for a garden office in Hessen?
- Generally not: under § 63 HBO, buildings without habitable rooms up to 50 m³ are permit-free, and Konvel Solo, Konvel Studio and Konvel Werkstatt stay below that. Development plan, setback and the habitable-room question still apply.
- How is the threshold measured in Hessen?
- 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 Hessen 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.