Garage (Law & Construction)

In the context of building law, a garage is an enclosed, covered space used exclusively or primarily for parking motor vehicles. It must be distinguished from other types of parking spaces (carports, underground garages, open parking spaces) and, in Bavaria, is subject to specific requirements under the Bavarian Building Code (BayBO) and the Garage and Parking Space Ordinance (GaStellV). In real estate law, the garage plays a significant role in property rights, buildability, and valuation.

Fundamentals of Building and Planning Law

In Bavaria, the GaStellV distinguishes between:

• Small garages: up to 100 m² of usable floor space - simplified requirements, often exempt from approval under Art. 57(1)(1) BayBO under certain conditions
• Medium-sized garages: 100 to 1,000 m² of usable floor space
• Large garages: over 1,000 m² of usable floor space - strictest requirements for fire protection, ventilation, and escape routes

For residential buildings, the zoning plan or the GaStellV stipulates a minimum number of parking spaces. Anyone building a multi-family home must generally provide proof of one parking space or one garage for each residential unit.

Clearances and Boundary Distances for Garages

In Bavaria, garages enjoy special privileges under building regulations compared to residential buildings. According to Art. 6(9) of the Bavarian Building Code (BayBO), garages with a wall height of up to 3 meters and a total length of no more than 9 meters may be constructed directly on the property line or at a very short distance from it. This regulation allows garages to be built in a space-saving manner even along property lines-a practice frequently utilized in older residential areas and in downtown and suburban locations in Nuremberg.

Important: Even if the garage is permitted on the property line, the neighbor must be informed if the wall is located on or near the line. Window openings in the boundary walls of garages are generally not permitted.

The Garage as Part of a Real Estate Transaction

When purchasing a property with a garage, the following must be clarified:

• Is the garage legally part of the property (same parcel) or located on a separate parcel?
• Is the garage approved? An unauthorized garage-whether newly built or renovated-may result in obligations to demolish it.
• Is it separate ownership (under the German Condominium Act, WEG) with its own land registry entry?
• Is there a right of parking (easement) for a garage on another party’s property?

The purchase agreement must clearly specify whether an existing garage is included in the purchase price. Garages registered in the land registry as partial ownership or separate ownership can generally also be sold separately-in downtown Nuremberg locations, individual garages are occasionally marketed separately and sometimes fetch five-figure purchase prices.

Garages and Electric Mobility

With the increasing prevalence of electric cars, equipping garages with charging infrastructure (wallbox, charging station) is becoming an important value-adding feature. In new buildings, the Building Electric Mobility Infrastructure Act (GEIG) mandates the pre-installation of charging points for certain building categories. In existing buildings, since the 2020 WEG reform, individual apartment owners have the right to install a charging station in their garage if they cover the costs themselves. An existing wallbox in the garage increases a property’s appeal to a growing group of buyers.

Garages and Property Value

Depending on location and size, a garage increases the value of a residential property by between 10,000 and 40,000 euros. In urban areas like Nuremberg, where parking space is scarce, garages can be valued at the upper end of this range or higher. When marketing properties, we always make sure to clearly highlight garages and parking spaces in the listing, as they are a decisive factor for many prospective buyers. A garage is often a deal-breaker, especially for families with multiple vehicles or hobby rooms.

Practical Tip for Owners in Nuremberg and Franconia

In downtown Nuremberg and older residential neighborhoods, garages are often in need of renovation: leaky roofs, missing or defective garage door openers, and electrical installations without current certification. We recommend that sellers document the condition of the garage before the sale and carry out small, cost-effective repairs (e.g., replacing the garage door opener, sealing the roof), as the perceived overall condition influences the achievable price.

When purchasing existing properties in Nuremberg’s urban expansion areas from the 1960s to the 1980s-such as in Langwasser, Röthenbach, or Thon-we also recommend requesting the garage’s construction file from the building authority: It is not uncommon for the original building permit to be missing, or for subsequent alterations to have been made without approval. This can lead to problems in the event of a later sale or renovation.

Frequently Asked Questions

Do I need a building permit for a garage in Bavaria?

Small garages with a gross volume of up to 75 m³ do not require a permit in Bavaria (Art. 57(1)(1) BayBO) if they are built within the inner city area and the required setbacks are observed. Larger garages or garages in sensitive locations (e.g., historic preservation zones) require a building permit. If in doubt, we always recommend submitting a preliminary inquiry to the building authority.

Can I convert my garage into living space?

Generally, no, not without a building permit. Converting a garage for residential use fundamentally changes the type of use and requires a building permit. The new usable space must also meet the requirements for ceiling height, lighting, and ventilation. Additionally, the building’s parking space requirement may no longer be met, which can lead to issues with the building authority.

How is a garage registered in the land registry?

For condominiums, garages and parking spaces are often registered as partial ownership or separate ownership in the residential land registry. They can be sold or rented separately. The purchase agreement must clearly specify whether the garage is included in the purchase price or is being sold separately.

Can I rent my garage to a third party?

Yes, a private garage can generally be rented to any third party. If it is located in a residential complex governed by a condominium association (WEG), the declaration of division should be reviewed for any restrictions on use. Garage lease agreements are not subject to the tenant protections of residential tenancy law, but rather to general contract law-termination is therefore easier for both parties.

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