Building codes

Building Regulations - Building regulations govern the technical and design requirements for structures to ensure public safety and order. It is state law and is regulated in Bavaria by the Bavarian Building Code (BayBO). Unlike building planning law (BauGB), which determines where and what may be built, building regulations govern how construction must be carried out - that is, structural stability, fire safety, setback distances, accessibility, and the permitting process.

Key Areas of Regulation

The Bavarian Building Code contains provisions regarding:

• Setback distances (Art. 6 BayBO): Buildings must maintain certain minimum distances from neighboring properties-in Bavaria, generally 0.4 H (40% of the wall height), with a minimum of 3 meters. Special regulations apply to garages, carports, and small outbuildings up to 9 m in length, which may be erected directly on the property line under certain conditions (Art. 6(7) BayBO).
• Fire safety: Requirements for escape routes, fire walls, building materials, and fire department access roads - graded according to building class (GK 1-5). High-rise buildings (22 m or more from the top edge of the floor) and special structures are subject to the strictest requirements and require a separate fire safety plan.
• Structural Stability: Verification of load-bearing capacity by a qualified structural engineer; the building owner is responsible for submitting the documentation
• Parking Space Requirement: As a general rule, a parking space must be provided for each residential unit-in Nuremberg, special parking regulations apply, which vary depending on location and type of use
• Accessibility (Art. 48 BayBO): Residential buildings with more than two apartments must be accessible to a certain extent
• Permit Procedures: The BayBO regulates which construction projects require a permit, are exempt from permits, or are to be handled under a simplified procedure

Permit Procedures in Bavaria - Overview

Procedure Type	Legal Basis	Typical Projects	Level of Review
Exempt from Procedure	Art. 57 BayBO	Garages up to 50 m², solar systems, fences up to 2 m	No official review
Simplified	Art. 59 BayBO	Residential buildings GK 1-3	Only building planning law + setback distances
Regular	Art. 60 BayBO	Special structures, GK 4-5	Full review of all BayBO requirements
Exemption from approval	Art. 58 BayBO	Projects in a zoning plan area	Municipal confirmation, no approval

Important Note: Even projects exempt from the approval process under Art. 57 BayBO must comply with substantive building law-the builder bears full responsibility for setback distances, compliance with the zoning plan, and structural stability. The absence of a permit does not protect against building code enforcement actions by the authorities.

Building Classes According to BayBO (Art. 2(3) BayBO)

The building class determines the scope of fire safety requirements and the scope of the review:

Building Class	Criteria	Typical Building Type
GK 1	detached, max. 7 m, max. 2 units	Single-family home, garden shed
GK 2	detached, max. 7 m	Semi-detached house, small apartment building
GK 3	max. 7 m eave height	Townhouses, smaller apartment buildings
GK 4	max. 13 m	Medium-sized apartment buildings
GK 5	more than 13 m	High-rises, larger residential complexes

Grandfathering and Changes of Use

An important issue in building code law is grandfathering: Legally constructed buildings may be used in their existing condition, even if they no longer meet current requirements. However, this protection ends if the building is significantly altered or put to a different use.

A change of use-such as converting an office into an apartment, adding a residential unit, or converting an attic-may require the entire building to be brought up to the current standards of the BayBO. This applies in particular to fire safety requirements, parking spaces, and accessibility. When planning a change of use, we always recommend contacting the building code office at an early stage.

Practical Tip for Property Owners in Nuremberg and Franconia

We recommend that building owners in the Nuremberg metropolitan region familiarize themselves with building code requirements early on-especially for existing buildings, which are often subject to different regulations. Take advantage of the option to submit a preliminary building inquiry (Art. 71 BayBO) to the Building Authority of the City of Nuremberg (Bauhof 2) to gain clarity on the likelihood of approval before embarking on extensive planning. The fee is typically 200-1,000 euros-significantly cheaper than a full planning process that ultimately fails to secure approval. The preliminary inquiry is binding for three years.

Be aware of the Nuremberg Parking Space Ordinance: It specifies how many parking spaces must be provided per residential unit and type of use, and in some cases deviates from the BayBO minimum requirements. Especially in the city center, demonstrating parking space availability can become a significant planning challenge-particularly if underground parking is not feasible and a parking space substitution is being considered.

Frequently Asked Questions

What is the difference between building code law and building planning law?

Building planning law (BauGB, BauNVO) is federal law and regulates where and to what extent construction is permitted-that is, urban planning admissibility. It determines the type of building zone, the floor area ratio (FAR), the floor space index (FSI), and the permitted type of use. Building Code Law (BayBO) is state law and governs technical execution-specifically, how safely, sturdily, and fire-safely a building must be constructed. A construction project must comply with both areas of law. Both areas are reviewed in parallel during the approval process-however, in the simplified procedure under Art. 59 BayBO, the authority reviews only building planning law and setback requirements; the remaining BayBO requirements are the responsibility of the building owner.

What does grandfathering mean?

Grandfathering means that a legally constructed building may continue to be used in its existing condition, even if it no longer complies with current regulations. Grandfathering ends if the building is substantially altered, expanded, or put to a different use-in which case current regulations must be complied with. Grandfathering applies exclusively to legally constructed buildings-anyone who built without a permit or violated the terms of a permit cannot invoke grandfathering. For renovation plans involving older buildings, we recommend first clarifying whether the building was constructed with a valid permit.

Do I need a permit for every construction project?

No, the BayBO defines in Art. 57 a comprehensive list of projects exempt from the permitting process-including garages with up to 50 m² of usable floor space, terrace roofing up to 30 m², fences up to 2 m in height, solar panels on roofs and facades, and outdoor heat pumps. However, even projects exempt from the permitting process must comply with substantive building law-in particular, regarding setback requirements and zoning plan provisions. Anyone planning a project exempt from the permitting process that touches on boundary areas or could violate zoning plan requirements should submit an informal inquiry to the building authority in advance, before incurring costs for materials and labor.

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