Outdoor area (Section 35 of the German Building Code)

Outlying Areas (Section 35 of the German Building Code (BauGB)) - Outlying areas include all areas of a municipality that are neither covered by a zoning plan (Section 30 of the German Building Code (BauGB)) nor located within a contiguously developed district (Section 34 of the German Building Code (BauGB)). Section 35 of the BauGB specifies which projects are exceptionally permitted in the outlying area-construction here is generally strictly limited to protect nature, the landscape, and agricultural land.

Privileged and Other Projects

Section 35 of the BauGB distinguishes between privileged projects (para. 1) and other projects (para. 2):

Privileged projects are generally permitted provided that public interests do not preclude them and that infrastructure is secured. These include, among others:

• Agricultural and forestry operations and their farm buildings (Section 35(1)(1) BauGB)
• Wind turbines, biogas plants, and other energy generation facilities (Section 35(1)(5) and (6) BauGB)
• Public utility projects (electricity, water, wastewater)
• Residential buildings for owners and managers of agricultural or forestry operations
• Nature and landscape conservation projects

Other projects - such as a single-family home with no agricultural connection or a commercial building without a privileged purpose - are only eligible for approval under § 35(2) BauGB if they do not impair public interests and if development infrastructure is secured. In practice, most building applications for standard residential homes in rural areas fail to meet these requirements because residential development in rural areas almost always affects public interests.

Public Interests as an Obstacle to Approval

Section 35(3) of the BauGB lists the public interests that may preclude development in rural areas:

• Designations in the land use plan (e.g., as agricultural land or green space)
• Interests of nature conservation, landscape preservation, and soil protection
• Interests of water protection and flood control
• Designations in a landscape plan
• Creation of an undesirable scattered settlement or expansion of such a settlement
• Issues related to historic preservation

Even if a project is prioritized, it can still fail due to public interests-for example, if it is located in a nature reserve or in an area at risk of flooding.

Impact on Property Value

Properties in rural areas generally have a significantly lower land value than building land in urban areas, as development options are severely limited. The value is based on the price of farmland or grassland and typically ranges from 5-15 euros/m² in the Nuremberg metropolitan region, compared to 200-600 euros/m² for designated building land.

Land type	Typical land value in the Nuremberg metropolitan region
Farmland in outlying areas	5-10 €/m²
Grassland/meadows in outlying areas	3-8 €/m²
Outlying areas with approved farm buildings	20-60 €/m²
Building land in urban areas (prime location in Nuremberg)	300-600 €/m²
New development area in the surrounding region (Nürnberger Land district)	€150-300/m²

A subsequent rezoning to building land via a zoning plan can multiply the value-but this cannot be planned and is entirely dependent on the will of the municipality and regional authorities.

Grandfathering in Outlying Areas

For buildings already legally constructed in outlying areas, grandfathering under building law and the simplified regulations of Section 35(4) of the German Building Code (BauGB) apply. Accordingly, the following are possible under certain strict conditions:

• Change of use of a residential building (e.g., division into multiple residential units) - only if there is no increase in the intensity of use
• Expansion of a residential building within reasonable limits (Section 35(4)(5) of the BauGB: up to 20 m² of living space once or twice)
• Replacement construction for a demolished building at the same location and of similar scope

Demolition and new construction on a larger scale, however, is generally not eligible for approval, as the grandfather clause does not apply to the new construction.

Practical Tip for Property Owners in Nuremberg and Franconia

In the Nuremberg metropolitan region, we regularly see plots of land in outlying areas being offered as supposed “building land”-often with the implication of an imminent rezoning or alleged eligibility for approval. Our advice: Rely exclusively on the municipality’s current land use plan and the binding zoning plan. Verbal information from the municipality, the seller, or the real estate agent is not legally sufficient.

Before purchasing a plot of land in an outlying area with the intention of building, it is essential to submit a written preliminary building inquiry to the relevant building authority-for the city of Nuremberg, this is the Building Authority (Dept. 603); for the surrounding areas, it is the District Office of Nürnberger Land, Fürth, or Erlangen-Höchstadt. This is the only way to obtain legally binding planning certainty and protect yourself from a costly mispurchase.

Frequently Asked Questions

May I renovate or expand an existing building in an outlying area?

For existing, legally constructed buildings in outlying areas, grandfathering provisions and the simplified regulations of Section 35(4) of the German Building Code (BauGB) apply. According to these provisions, changes in use, limited extensions, and replacement structures are permitted under certain conditions-though only to a strictly limited extent. Grandfathering protects the existing building in its approved use; however, it does not permit a significant intensification of use. Anyone wishing to expand an existing residential building in an outlying area to include a second residential unit or to construct an addition will in any case require a building permit, the issuance of which must be reviewed on a case-by-case basis pursuant to Section 35(4) of the BauGB. We recommend submitting a preliminary building inquiry before incurring planning costs.

Can I install a photovoltaic system in an outlying area?

Ground-mounted photovoltaic systems on agricultural land in outlying areas are classified as privileged projects under Section 35(1)(8) of the BauGB if certain conditions are met (e.g., disadvantaged agricultural areas or along highways and rail lines). For other areas, ground-mounted PV systems generally require a project-specific zoning plan. On existing roof surfaces (e.g., agricultural buildings), however, PV systems are either exempt from the permitting process or can be installed under the simplified approval procedure. The legal situation has evolved further due to the Solar Act 2023-always have your specific situation reviewed to ensure it is up to date.

What does “rural area” mean in terms of utility connections?

Properties in rural areas are often not connected to utilities or are inadequately connected-lacking road access, water supply, sewage disposal, or electricity. In rural areas, the developer generally bears the utility connection costs, which can significantly increase the total cost of a construction project. Connecting to electricity and gas (N-Ergie in the Nuremberg area) as well as to the sewer system (Nuremberg Municipal Sewerage or the responsible wastewater association) can incur development costs ranging from 20,000 to 80,000 euros if the property is far from the nearest connection point. Before purchasing, you should inquire specifically with the utility providers about the development costs and factor them into the purchase price.

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