Height limit

A height limit is a provision under building code that regulates the maximum permissible building height on a property. It is typically derived from the municipality’s zoning plan and can be specified as an absolute eave, ridge, or wall height, or in relation to the top of the site. The height limit protects the character of the townscape, ensures neighbors’ rights to light and ventilation, and controls urban densification.

Types of Height Limits in the Zoning Plan

Zoning plans distinguish between several reference points: The eaves height refers to the intersection height between the exterior wall and the roof deck, while the ridge height refers to the highest point of the roof. The wall height (or exterior wall height) refers to the vertical exterior wall without the roof structure. Some zoning plans also specify a maximum building height, which limits the absolute highest point of a building. The applicable standard can be found in the respective zoning plan; in Nuremberg, relevant information is available from the City Planning Office.

The reference point for height measurement can be either the natural ground level (GOK), a designated reference point (e.g., road surface level), or the standard elevation zero (NHN). Especially for sloped lots, the choice of reference point can have a significant impact on the actual building height that can be achieved. In case of doubt, a preliminary building inquiry with the Building Authority should clarify how the height is correctly measured.

Importance of Height Limits in Construction and Purchasing

Anyone purchasing a lot or wishing to add stories to an existing building must be aware of the applicable height limit. Exceeding these limits requires a permit and can lead to demolition orders or fines. When evaluating building lots or renovation projects, we recommend submitting a preliminary building inquiry to the relevant building authority in advance to obtain legally sound information regarding the permissible height.

The potential building height also plays a role in the valuation of properties with building rights, as it directly influences the buildable volume and thus the potential uses. A property that allows only a two-story building has significantly less development potential than one that permits three or four stories. Investors should therefore always factor the applicable height limit into the property valuation.

Exceptions and Exemptions

In justified individual cases, an exemption from the established height limit may be requested (Section 31 of the German Building Code [BauGB]). The prerequisite is that the deviation is justifiable from an urban planning perspective and does not affect the basic framework of the plan. Neighbors have a right to be heard in this process and may raise objections. In practice, exemptions are rarely granted generously; legal and planning advice is strongly recommended in such cases.

Certain technical structures-such as chimneys, elevator machine rooms, antennas, or ventilation systems-are exempt from height limits in many zoning plans or the Bavarian Building Code (BayBO). The exact regulations vary depending on the zoning plan and must be examined on a case-by-case basis.

Practical Tip for Property Owners in Nuremberg and Franconia

Nuremberg has historically developed neighborhoods with sometimes strict height restrictions to protect the cityscape, such as around the Old Town or in Wilhelminian-style districts like St. Johannis or Wöhrd. Anyone wishing to develop a property or add a story to a house should definitely consult the current zoning plan from the Nuremberg City Planning Office-this is available online via the city’s geoportal.

Height restrictions are a particularly common issue for attic conversions in downtown Nuremberg: Adding another story is often not possible without a special exemption. We help our clients clarify the legal framework for construction early on, before purchase decisions are made, and, upon request, coordinate contact with the City Planning Office.

Frequently Asked Questions

Where can I find the applicable height limit for a property?

The height limit is specified in the zoning plan of the respective municipality. In Nuremberg, this can be viewed at the City Planning Office or on the online geodata portal. If no zoning plan is available, the provisions of § 34 of the German Building Code (BauGB) apply (integration into the immediate surroundings).

Can I build a terrace or structures on a building that exceed the height limit?

Technical structures such as elevator machine rooms, ventilation systems, or chimneys are often exempt from the height limit. Terraces and roof extensions, on the other hand, are generally considered part of the building structure. In individual cases, a preliminary building inquiry with the Building Regulations Office provides the most reliable information.

Do height restrictions also apply to garages and outbuildings?

Yes, generally the zoning plan also specifies maximum heights for garages and outbuildings. These are often lower than the main building height. In the absence of a zoning plan, the Bavarian Building Code (BayBO) applies, with specific requirements for exempt projects.

What happens if an existing building exceeds the height limit?

Existing buildings constructed before the introduction or amendment of a zoning plan that exceed the new height limit often enjoy grandfathering provisions. They may be retained in their existing form but may not be raised further or have their building height increased. We recommend having the grandfathering provisions legally reviewed when purchasing or renovating.

How does the height limit affect property value?

The maximum permitted building height is a direct factor in determining the value of building lots. A lot that, according to the zoning plan, allows only a eave height of 6.50 m (corresponding to approximately two stories) has significantly less development potential than a neighboring lot that permits three full stories. In downtown Nuremberg and in densely built-up neighborhoods such as Gostenhof or the Gibitzenhof district, an additional story in a new building can add value of several hundred thousand euros. When purchasing land for project developments, we therefore recommend determining the applicable height limit early on and factoring it into the return on investment calculation. Even when valuing existing buildings for sale or financing, the question of remaining building rights-that is, whether an addition is possible within the height limit-is a relevant value indicator. Our market data analysis shows that properties with unexploited height potential in downtown Nuremberg locations command, on average, 15 to 25 percent higher prices per square meter than those where the permitted building volume has already been fully utilized.

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