Design (open/closed)

Building layout (open/closed) - In building planning law, the building layout describes the positioning of buildings on a lot in relation to the lot’s side boundaries. Pursuant to Section 22 of the Federal Building Code (BauNVO), the zoning plan specifies either open construction (buildings with a lateral setback) or closed construction (buildings extending from boundary to boundary). The construction method significantly determines the appearance of a neighborhood and the development possibilities of a property.

Open Building Style

In the open building style (Section 22(2) BauNVO), buildings must maintain a side boundary setback from neighboring properties. The following are permitted:

• Single-family homes: Detached buildings with setbacks on both sides-the most common form in single-family home neighborhoods. The single-family home offers maximum privacy and design freedom.
• Semi-detached homes: Two buildings attached to each other along a shared property line. Both halves of the house must appear as a unified building with comparable height and volume-the Federal Administrative Court has defined strict standards for semi-detached homes (BVerwGE 141, 160).
• Groups of houses: Three or more buildings constructed in a row along property lines (row houses). Typical of densely developed single-family home areas where each unit has its own lot.

The total length of a building or a group of buildings may not exceed 50 meters in open construction. The zoning plan may restrict open construction to specific building types-such as only single-family homes or only semi-detached homes. In practice, a restriction to “only single-family homes” means that neither semi-detached nor row houses may be built on the property, even if the neighbor would agree.

Closed Construction

In closed construction (§ 22(3) BauNVO), buildings must be erected along the side property lines-resulting in a closed row of houses with no gaps. This construction style characterizes typical urban neighborhoods with perimeter block development. The buildings adjoin the neighboring buildings on both sides. Exceptions are only permitted if the neighboring development or the shape of the lot makes boundary development impossible-for example, in the case of a corner lot or if the neighboring building was already constructed at a distance.

Closed construction allows for greater space efficiency: On a lot near the city center, more living space per square meter of land can be realized than with open construction. However, inner courtyards and rear buildings generally receive less sunlight.

Non-Standard Construction

In addition to open and closed construction, the zoning plan may specify a non-standard construction method pursuant to Section 22(4) of the Federal Building Code (BauNVO). This allows for individual regulations-such as open construction with an increased maximum building length of 80 meters or closed construction with mandatory pedestrian passageways between public space and the inner courtyard. In modern zoning plans for urban mixed-use areas, alternative construction methods are frequently used as a flexible tool in urban planning.

Building Style and Semi-Detached Houses - The Legal Dispute

A common area of conflict in practice is the semi-detached house dispute: when an owner wishes to construct or modify a semi-detached house and the neighbor objects. The Federal Administrative Court (BVerwG) has clarified that a semi-detached house is to be understood as a unified structure-both halves must be coordinated in terms of volume, height, and design. A unilateral addition of stories or a significant alteration to one half of a semi-detached house may be prohibited under building law if it disrupts the appearance of the semi-detached house and the neighbor objects to it.

Practical Tip for Property Owners in Nuremberg and Franconia

We recommend that property buyers in the Nuremberg metropolitan region carefully review the building style specified in the zoning plan, as it determines land use and building type. In Nuremberg’s Old Town and in Wilhelminian-style neighborhoods such as Gostenhof or St. Johannis, closed construction is predominantly required-demolition and new construction must be built adjacent to the property line. In outlying districts such as Kornburg, Laufamholz, or Ziegelstein, open construction is usually the norm. Before purchasing, check whether the zoning plan imposes restrictions on specific house types-such as “single-family homes only”-as this may preclude the division and separate sale of a duplex.

Frequently Asked Questions

Can I build right up to the property line in an open building style?

Only if a semi-detached or row house is planned and the neighbor is also building right up to the line. Detached houses in an open building style must comply with the building code’s setback requirements-in Bavaria, at least 3 meters or 0.4 H (40% of the wall height) according to Art. 6 BayBO. Garages and outbuildings up to 9 meters in length may be built right up to the property line without setbacks, according to Art. 6(7) BayBO-this is often the only way to build adjacent to the property line in an open construction style. For a planned semi-detached house, the construction adjacent to the property line should be agreed upon in writing with the neighbor and, if necessary, notarized.

How does the building style affect property value?

Properties in open-style development generally command higher prices among private buyers, as detached homes offer more privacy and design freedom. For investors, closed-style development may be more attractive, as it allows for higher land utilization-more living space per square meter of land. In locations near Nuremberg’s city center, where closed-style development dominates, the potential for higher density is already reflected in the standard land values. The impact on the standard land value is, incidentally, location-dependent and is discussed by the Nuremberg Appraisal Committee in the real estate market report.

Can the building style be changed?

Only through an amendment to the zoning plan, which must be approved by the municipality. Individual property owners cannot force a change in building style but can only initiate an amendment process. In individual cases, an exemption may be granted under Section 31(2) of the German Building Code (BauGB) if the basic principles of the plan are not affected-for example, a detached new building in an area with dense development, provided the neighboring buildings have been demolished and the gap appears visually acceptable. The exemption is at the discretion of the authorities and is not a guaranteed option.

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