Garage Regulations

The Garage Ordinance is a state regulation that sets forth minimum technical and fire safety requirements for the construction, equipment, and operation of garages and parking spaces. In Bavaria, the relevant regulation is called the Garage and Parking Space Regulation (GaStellV); it supplements the Bavarian Building Code (BayBO) and applies to anyone who builds, renovates, or operates a garage. The regulation protects users from fire, pollutants (exhaust fumes), and structural hazards.

Scope of Application of the GaStellV in Bavaria

The GaStellV distinguishes between three types of garages:

Small garages (up to 100 m² of usable floor space):

• Simplified requirements
• No mechanical ventilation required if sufficient natural ventilation is available
• Fire resistance rating of load-bearing components: at least F 30

Medium-sized garages (100 to 1,000 m² of usable floor space):

• Mechanical ventilation system required
• Self-closing, airtight, and fire-retardant doors to adjacent building sections
• Fire resistance rating: at least F 90

Large garages (over 1,000 m² of usable floor space):

• Sprinkler system and fire alarm system required
• Strict escape route regulations
• Fire water supply and ventilation certification required

Parking space requirement and garage regulations

The GaStellV is closely linked to the parking space requirement: For residential buildings, Bavarian law stipulates that a certain minimum number of parking spaces or garages must be demonstrated on the property or in the immediate vicinity for each residential unit. If the required parking spaces are missing and cannot be created on the property, owners in some municipalities must pay a parking space fee to the municipality.

The specific number of required parking spaces is determined by the respective zoning plan or local parking space ordinance. In Nuremberg, a municipal parking space ordinance is in effect that sets different requirements depending on location and type of use. For example, those creating residential space in a densely populated downtown area must provide fewer parking spaces than in the suburbs or rural areas.

Detailed Requirements for Ventilation and Fire Protection

For small garages-the most common type of garage in residential areas-the following specific minimum requirements apply under the GaStellV:

• Ventilation openings: At least 1/100 of the floor area must be provided as free ventilation cross-sections (ventilation slots in the door, exhaust vents)
• Fire walls: Fire-resistant partition walls (F 90) are required on the side facing the living area; door openings must be secured with self-closing fire-retardant doors (T 30)
• Grounding: Electrical systems must comply with recognized technical standards, as fuel vapors can create explosive atmospheres

In practice, these requirements are often not fully met-especially in older garages from the 1960s to the 1980s. When purchasing an existing property, the condition of the garage should therefore be carefully inspected.

Relevance for Real Estate Purchase and Construction

Anyone purchasing or renovating a property must ensure that garages and parking spaces comply with the GaStellV. Garages that do not meet standards (e.g., lack of ventilation, inadequate fire walls) can jeopardize the occupancy permit and lead to claims for defects upon sale. Especially when repurposing garages (e.g., into storage rooms, workshops, or offices), the requirements of the GaStellV must be re-examined.

Sellers are obligated to disclose to the buyer any known deviations from the building permit-including garages that do not comply with standards. Anyone who conceals these defects risks liability for fraudulent misrepresentation, even if the purchase agreement contains a general warranty disclaimer.

Practical Tip for Owners in Nuremberg and Franconia

In the Nuremberg metropolitan area and surrounding municipalities, garages in existing properties are frequently repurposed-as storage spaces, hobby rooms, or workshops. If the garage is no longer used for its intended purpose and the parking space requirement is no longer met, the building code office may demand that the garage be restored to its original condition. We recommend consulting the building code office of the City of Nuremberg or the respective municipality before any change in the use of a garage.

We also frequently observe in the region: garages that, after the installation of a boiler or a heat pump, are only partially suitable for their original use as a vehicle parking space. In such cases, it must be verified whether the installation of the heating system in the garage was approved under building regulations and whether the ventilation requirements for the new use are met. In the event of a sale, this fact should be clearly stated in the purchase agreement.

Frequently Asked Questions

Am I allowed to charge electric cars in my private garage?

Charging electric cars in private garages is permitted if the electrical system is properly designed and fused. In underground and mid-level garages, special requirements apply (e.g., specific charging solutions, fire safety concepts) that must be coordinated with a specialized contractor and, if necessary, the building code authority. The right to install a charging station in one’s own garage has been enshrined in the WEG Act since the 2020 WEG reform.

Can I build a roof over my garage entrance without a building permit?

A carport or a canopy over the driveway does not require a permit in Bavaria if it meets the requirements of Art. 57 BayBO (small garages up to 75 m³ gross interior volume). Nevertheless, clearance distances must be observed. If in doubt, we recommend submitting a preliminary inquiry to the relevant building authority.

What happens if my garage does not comply with the GaStellV?

The building code office may identify deficiencies during an inspection of existing structures (e.g., triggered by a building permit process for the main building) and require retrofitting or even demolition. When selling the property, the seller must disclose to the buyer any known deviations from the building permit. Buyers should therefore specifically inquire about the garage’s building permit when purchasing properties with older garages.

What requirements apply to underground garages in residential buildings?

Underground garages generally fall into the category of medium- or large-scale garages and are subject to correspondingly strict requirements regarding ventilation, fire protection, and escape routes. For underground garages in new buildings, fire safety concepts and ventilation certifications are already reviewed during the building permit process. In existing buildings with older underground garages, homeowners’ associations should regularly check whether retrofitted charging solutions for electric cars fit within the existing fire safety concept.

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