open space

In building and planning law, open space refers to all parts of a property that are not built over or paved and are not used for buildings or structures such as carports or garages. It includes garden areas, lawns, planted areas, and parts of the property left in their natural state. The preservation of open space is an important urban planning goal and is governed by zoning plans, green space plans, and regulations regarding the floor area ratio (FAR).

Open Space in the Zoning Plan

In the zoning plan, the municipality can specify the minimum amount of open space that must be preserved on a property. This is done through:

• Floor Area Ratio (FAR): Specifies the maximum percentage of the property that may be built upon. An FAR of 0.4 means that 40 percent must be built upon and 60 percent must be preserved as open space.
• Landscaping requirements: The zoning plan may require that open spaces be planted or contain a specific number of trees.
• Sealing restrictions: Depending on the material, parking spaces and paths also count toward sealing; paving in lawn joints or gravel lawns is considered partially sealed.

It should be noted that § 19(4) of the BauNVO permits parking spaces, driveways, and ancillary facilities to exceed the floor area ratio (FAR) by up to 50 percent of the actual FAR, but not exceeding a maximum FAR of 0.8. This so-called GRZ II further restricts the available open space and must be taken into account when planning garages, terraces, and driveways.

Ecological and Legal Significance

Open spaces serve an important ecological function: they allow rainwater to infiltrate, reduce heat buildup in urban areas (heat island effect), and provide habitat for small animals and insects. In many Bavarian municipalities, the unsealing of open spaces (e.g., replacing concrete paving with grass pavers) is now eligible for subsidies. Legally, open spaces can also serve as compensation areas for interventions in nature and the landscape.

Cities such as Nuremberg are responding to climate change with stricter requirements in new zoning plans: green roofs, permeable gardens, and tree-planting requirements are increasingly being made a condition for building permits. When purchasing a property, owners should therefore always check whether the currently valid zoning plan regulates open spaces not only quantitatively (how much) but also qualitatively (how they are designed).

Open Space and Property Value

Generous open spaces generally increase a property’s value significantly, especially in densely populated urban areas. In downtown Nuremberg and Wilhelminian-style neighborhoods, a private garden is a real added value. However, maintenance costs must be factored in: overgrown or neglected open spaces can negatively impact a property’s overall impression and reduce the achievable sale price.

In property valuations according to ImmoWertV, open spaces are accounted for via land value: residential land has a significantly higher land value than garden land or agricultural land. A spacious plot with development potential can achieve considerable added value compared to a fully built-up plot of the same total area-provided that building regulations allow for future redensification or expansion.

Open Space as a Component of Condominium Deeds

In the case of condominiums, the open space is often not part of the unit’s exclusive ownership but rather part of the common property. Occasionally, garden areas are assigned to a specific co-owner for exclusive use as part of a declaration of division-as a so-called right of exclusive use. Such a right is legally much weaker than exclusive ownership: It can be modified by a resolution of the condominium owners’ association (WEG) under certain circumstances and does not provide the same level of protection as true ownership rights. Prospective buyers should always verify, when purchasing ground-floor apartments with gardens, whether the open space is assigned as separate ownership or merely as a right of exclusive use.

Practical Tip for Owners in Nuremberg and Franconia

In Nuremberg neighborhoods such as Gostenhof, southern Wöhrd, or the Schweppermannsviertel, backyards and courtyards are often paved with asphalt or concrete. Those who remove the paving and plant greenery not only benefit from government subsidies (e.g., through the Bavarian Ministry of the Environment or the municipal “Green in the City” program) but also permanently increase the property’s value. In a specific sales case, we observed that the enhanced open spaces of a Nuremberg semi-detached home increased the purchase price by approximately 25,000 euros compared to the original asking price-with a relatively low investment.

We advise our clients on which measures, taken in advance of a sale, will have the greatest impact on the sales proceeds. Experience has shown that the following are particularly effective: fresh grass or sod, newly laid patio slabs, well-maintained flower beds, and functional garden lighting. Documenting the outdoor space with professional photos-ideally in the spring or summer when the light is good-is also crucial for a successful sale.

Frequently Asked Questions

Do patio pavers count as paving?

It depends on the material. Water-impermeable concrete slabs or asphalt are considered fully sealed. Open-joint paving, grass pavers, or gravel are considered partially sealed, depending on their permeability. The zoning plan may contain specific regulations regarding this. In Nuremberg, the City Planning Office is increasingly requiring proof of sufficient infiltration capacity for uncovered areas in new construction.

Can I use my open space as a parking spot?

The use of open spaces as parking spots is only permitted if the zoning plan or building permit allows it and the maximum permissible impervious area (floor area ratio, including the possibility of exceeding it under Section 19(4) of the Federal Building Code) is not exceeded. In many residential areas, additional parking spaces in the yard require a building permit. Anyone who creates a parking space on their open space without a permit risks being ordered by the authorities to remove it.

As a seller, do I have to disclose the condition of the open spaces?

If open spaces have defects that affect the value of the property (e.g., soil contamination, illegal structures, excavations), these must be disclosed to the buyer. Hidden defects can lead to claims for damages after the purchase. Particularly relevant: soil contaminated with historical pollutants, asbestos in access slabs from older construction years, or unauthorized excavations and backfilling.

What role do open spaces play in the property tax reform?

With the property tax reform taking effect in 2025, land value will be factored more heavily into property tax calculations in Bavaria. Properties with large undeveloped open spaces in prime locations may therefore incur higher property tax burdens than before. Owners should therefore review the new property tax assessments for plausibility and file an appeal in the event of obvious errors.

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