Legal requirements – what you need to bear in mind

Building on property boundaries: The 9-metre rule and the quota principle

When positioning a modern garden shed, a location directly on the property boundary is often the most sensible solution, both aesthetically and functionally. In many federal states, particularly under the Bavarian Building Regulations (BayBO), this is possible without planning permission and without the need for specific clearance distances, provided certain conditions are met. The key factor here is the 9-metre rule.

The quota at the boundary

In principle, buildings may be erected directly on the boundary without requiring their own setback area if the total length of the structure does not exceed 9 metres per property boundary. An additional cap applies to the entire property: across all boundaries, the structures must not exceed a total length of 15 metres.

The ‘garage allowance’: an important planning step

A common pitfall in planning is existing development on the boundary. As the 9-metre allowance applies to the entire plot, existing buildings such as garages or carports must be taken into account.

Example: If there is already a garage with a length of 6 metres on one boundary, a remaining allowance of 3 metres is left for your new garden shed on that specific boundary.

Safety through wall height

Another criterion for the boundary allowance is the average wall height, which must not exceed 3 metres. As our structures are manufactured in standard heights ranging from 2.25 m to 2.90 m, we always remain below this critical threshold due to the design. This eliminates the need for our customers to calculate complicated clearance distances or to ask their neighbours for permission to build below this height.

Summary for your planning:

• Check the length: Measure existing garages or sheds on the boundary in question.
• Note the total length: Keep an eye on the 15-metre limit for the entire plot.
• Advantage: building height: Thanks to our optimised wall heights, compliance with the 3-metre limit is guaranteed by the system design in our models.
  
  

No planning permission required or a building application? A look at the cubic metre limit

In Germany, the construction of a garden shed is governed by the relevant State Building Regulations (LBO). The key question for builders is: from what size is a planning application mandatory? The answer lies in the so-called gross internal volume, measured in cubic metres.

Planning certainty through standard dimensions

For our garden sheds, we use a standard height of 2.45 m. This is a strategic dimension: it provides a comfortable headroom inside whilst ensuring that you often enjoy greater freedom in terms of floor area without exceeding the critical volume limits set by the building authorities.

Example: A shed with a floor area of 3 x 4 metres has a volume of 29.4 m³ at our standard height of 2.45 m. This means you are still within the limits in almost all federal states.

Permit-free volumes by federal state (interior)

Here you will find the current limits (as of 2024/2025). Up to this gross volume (or floor area), a garden shed in an internal area is generally exempt from planning permission – provided it does not contain any living areas, toilets or fireplaces:

Bavaria as a benchmark for builders

As the table shows, Bavaria is particularly generous with 75 m³. With our standard height of 2.45 m, you could theoretically erect a garden shed with a floor area of up to 30 m² (e.g. 6 x 5 metres) in Bavaria without a planning permission. In federal states such as Hesse or Hamburg, a planning application would be required for an area of approx. 12 m² at the same height.

Important: Location matters

These figures apply to so-called built-up areas (within built-up towns and villages). In open countryside (unbuilt areas, scattered settlements), the rules are significantly stricter; here, a planning permission is often required from the very first cubic metre.

Our service: We calculate the exact gross volume for your chosen model, check this against the regulations in your federal state and provide you with an initial assessment. This means you know right from the planning stage whether your project can be implemented without bureaucratic hurdles.

The Local Development Plan (B-Plan) – The local authority’s ‘small print’

Even if your garden shed would be exempt from planning permission under the Bavarian Building Code (or your federal state’s LBO) due to its size, the local authority often still has a significant say in the matter. The key instrument for this is the development plan (B-Plan). It sets out in detail how plots of land in a specific area may be used and developed.

Why state law is not the sole authority

State law sets the framework (e.g. the 75 m³ limit in Bavaria), but the local authority’s development plan establishes the specific guidelines for your neighbourhood. It can impose restrictions that go beyond the general building regulations.

Key points in the development plan:

• Building boundaries and building lines: The development plan often defines so-called ‘building zones’. These are areas on your plot where building is permitted. A garden shed outside these areas – for example, in the front garden or in a protected green space – is often not permitted, even if the 9-metre rule for boundary development would theoretically be met.
• Roof shape and design: Our cubes are characterised by a modern flat-roof design. However, some development plans strictly require a specific roof shape (e.g. a gable roof) or a specific roof covering (e.g. red tiles) in order to maintain a uniform townscape.
• Material restrictions and colour requirements: Although Trespa^® façades are of high architectural quality, there are isolated areas where certain materials or very striking colours are prohibited. Our muted colour palettes and the elegant HPL texture usually blend in seamlessly here, but should be checked in advance.

What to do if there is no local development plan?

In established town centres without a current development plan, Section 34 of the German Building Code (BauGB) applies. Here, the principle of integration applies: your project must blend in with the character of the immediate surroundings. As our garden sheds impress with their clean lines and high-quality materials, this criterion is usually met without any issues.

Our planning service for you

To avoid having to make repeated requests to the authorities, we recommend taking a quick look at your local council’s online plans (often available on the town’s ‘Geoportal’).

We can assist you with this: based on your location, we’ll be happy to take an initial look at the local regulations. This ensures that your garden shed is on solid ground not only from a technical perspective but also in terms of local planning law. We’ll therefore provide you with an initial assessment. However, the final decision and responsibility lie with the client at all times and cannot be assumed by us.

Neighbourhood law: keeping the peace over planning issues

A new garden shed can significantly enhance the value of your property – but to avoid any disagreements with neighbours, you should take into account not only building regulations but also aspects of neighbourhood law. Building in accordance with the law is the foundation; involving your neighbours at an early stage is the icing on the cake.

Privileges at the boundary: Do I need consent?

In Bavaria, building on the boundary is often permitted up to a length of 9 metres and a height of 3 metres. This means that if you stay within these legal limits, formal consent from your neighbour is usually not legally required. The structure is permitted by law at this location.

Nevertheless, we recommend that you speak to your neighbours at an early stage. A quick look at the plans often dispels fears of an ‘overwhelming’ effect or supposed shading.

Fire safety: Safety at the property boundary

Fire safety is an often underestimated issue when building on the boundary. As a rule, buildings erected directly on or very close to (less than 2.50 m) the boundary must be designed in such a way as to prevent fire from spreading to the neighbouring property.

• Our construction: Thanks to the use of high-density Trespa^® panels and a solid wall structure, our cubes offer high resistance.
• Distance regulations: If the garden shed has windows facing the neighbouring property, specific distances or fire-resistant glazing must be observed. During the planning stage, we ensure that all distances are chosen so that no additional structural measures are required.

Privacy screening and overhangs: Setting clear boundaries

A modern garden shed often serves as a welcome privacy screen. However, please note:

• No overhang: Neither the roof nor the guttering may protrude beyond the boundary. Our manufacturing process is dimensionally accurate, enabling us to align the cube precisely with the boundary without encroaching on the neighbour’s airspace.
• Drainage: Rainwater must be allowed to soak away on your own property or be channelled away. We design the drainage systems for our sheds so that no water is directed onto the neighbour’s property.

Our tip: Seek mutual agreement

Even if you are in the right: a signed declaration of consent from the neighbour on the site plan is the best safeguard against future disputes. On request, we can provide you with the necessary views and dimensions so that you can present your project transparently.

International Building Law: Garden Sheds in Europe

Austria: The sovereignty of the federal states

In Austria, as in Germany, building law is a matter for the nine federal states.

• The key question: Is the building project ‘exempt from planning permission’, ‘subject to notification’ or ‘subject to planning permission’?
• The limits: In many federal states (e.g. Lower Austria or Styria), garden sheds with a floor area of up to approx. 10–15 m² are exempt from planning permission, provided they do not exceed a certain height (often 3 m).
• Important: In Vienna, the rules are stricter. Furthermore, throughout Austria, neighbours’ rights must be observed, which often require written consent if distances are not maintained.
  
  

Switzerland: Cantonal regulations

In Switzerland, the cantons and individual municipalities set the rules.

• Micro-structures: Many cantons recognise the concept of ‘micro-structures’, which do not require a formal planning permission process. The floor area limits are often between 6 and 10 m².
• Boundary distances: Switzerland is very precise when it comes to boundary distances. Even if no planning permission is required, the boundary distances must be observed in accordance with the Civil Code.
• Special feature: In agricultural zones (outside building zones), construction is virtually impossible.
  
  

Luxembourg: Focus on the “Plan d'Aménagement Général” (PAG)

In Luxembourg, the municipality (commune) is the decisive authority.

• PAG & PAP: Every municipality has a general development plan (PAG) which determines whether a ‘garden shed’ is permitted.
• Permit: As a rule, a permit from the mayor (“Autorisation de construire”) is required for buildings over 2 m in height or of a certain area. Our cubes (2.45 m) almost always fall under this requirement.
  
  

Liechtenstein: Small-scale building regulations

The Principality often follows Swiss standards but has its own building law.

No permit required: So-called “small structures” (up to a certain floor area and without heating systems) are often exempt from the permit requirement, but must still comply with the regulations regarding distances from neighbours.

France: “Déclaration Préalable” vs. “Permis de Construire”

France has a very clear, tiered system (Code de l'urbanisme):

• Under 5 m²: Generally no notification required (except in conservation areas).
• 5 m² to 20 m²: A “Déclaration Préalable de Travaux” (DP) is mandatory here. This is a simplified procedure at the Mairie.
• Over 20 m²: A full planning application (“Permis de Construire”) is required.
• Special note: Extremely strict design requirements apply in the vicinity of historic monuments (ABF – Architecte des Bâtiments de France).
  
  

Italy: “CILA” and landscape conservation

Italy is bureaucratically demanding, as landscape conservation (Vincolo Paesaggistico) plays a major role.

• Edilizia Libera: Small garden sheds often fall under “free building”, but still frequently require a notification known as CILA (Comunicazione Inizio Lavori Asseverata).
• The material: In Italy, the local council may question the use of Trespa^® material if the design does not fit in with the local “Piano Regolatore”. A technical justification of its high quality is essential here.
  
  

Spain: “Licencia de Obra”

In Spain, the decision lies with the local councils (Ayuntamientos).

• Obra Menor: A garden shed is usually classified as “Obra Menor” (minor building project). Nevertheless, a permit must be obtained and a fee (tax) paid.
• Coastal protection (Ley de Costas): The rules are extremely strict near the coast. Often, nothing of a permanent nature may be built here. Due to the way they are assembled, our cubes are often considered permanent structures.
  
  

UK: “Permitted Development Rights”

The United Kingdom has a system that is very advantageous for builders:

• Outbuildings: Garden sheds fall under “Permitted Development” if they are situated behind the front wall of the house, are no more than 2.5 m high (when placed within 2 m of the boundary) and do not occupy more than 50% of the garden.
• Tailor-made: Our standard height of 2.45 m is perfect for the UK market, as it usually remains just below the critical 2.50 m limit, which would trigger a lengthy planning application.