Yard and building area

The yard and building area is a land-use category under property law that encompasses land parcels listed in the official real estate cadastre that are sealed by buildings or paved yard areas (courtyards, driveways, parking spaces). It is part of the actual land use recorded in the cadastre and is distinguished from open spaces, green spaces, and agricultural land. The courtyard and building area is relevant for property tax assessment, development contributions, and the evaluation of land use.

Significance in the Real Estate Cadastre

The official real estate cadastre (ALKIS) assigns an actual use to each parcel. The courtyard and building area is classified as sealed, structurally utilized land. It influences the valuation basis for property transfers and may play a role in classification under the property tax reform (effective in 2025). Owners should be aware of the land use category listed in the cadastre, as they should report any discrepancies from the actual use to the cadastral office at an early stage.

In ALKIS, land uses are recorded according to a standardized classification system. Yard and building area is one of the most common categories in built-up areas-it includes not only the floor area of the buildings themselves but also sealed surfaces such as concrete areas, paved paths, carports, and similar paved structures. Green open spaces in the yard, on the other hand, are recorded separately.

Impact on development contributions and sewer fees

In many municipalities, development fees and sewer connection fees are calculated based on the sealed area (courtyard and building area). A larger sealed area correspondingly increases the tax base. Anyone sealing a previously unpaved courtyard area should check whether a change notification is required with the land registry office and the municipal administration.

Similarly, the unsealing of courtyard areas (e.g., by paving with grass pavers or gravel turf) may be relevant for fees in some municipalities. Some cities-including Nuremberg-levy stormwater fees based on the sealed area, as sealed areas direct more rainwater into the sewer system than green areas. Unsealing can therefore be beneficial not only ecologically but also financially.

Relevance When Purchasing Multi-Family Homes and Commercial Properties

During due diligence prior to purchasing multi-family homes or commercial properties, it is worth comparing the courtyard and building areas listed in the cadastre with the actual on-site situation. Discrepancies may indicate unauthorized additions or changes in use. For example, if a warehouse was newly constructed or a courtyard area was paved without notifying the land registry office, the land registry entry no longer matches reality.

We systematically review this aspect when brokering investment and commercial real estate to protect our clients from future surprises-such as when development fees are retroactively assessed or deviations from the building permit are discovered.

Practical Tip for Property Owners in Nuremberg and Franconia

The Office for Geoinformation and Land Use Planning of the City of Nuremberg, as well as the surveying offices of the districts in the metropolitan region (e.g., Fürth, Erlangen-Höchstadt, Roth), are the points of contact for questions regarding cadastral land use classification. Anyone buying or selling a property should check the current land registry extract and cadastral extract for consistency with the actual use.

When assessing property tax according to the new Bavarian land area model, the correct recording of building areas is crucial. Errors in the cadastre can result in too much or too little property tax being assessed. We compile the relevant documents for our clients and explain their significance in an easy-to-understand manner.

Frequently Asked Questions

How do the yard and building areas differ from the lot size?

The lot size encompasses the entire parcel, regardless of its use. The yard and building area is a part of this-namely, the sealed, built-up, or paved portion. The remaining area may be designated as a garden, green space, or for other uses.

Is the yard and building area the same as the floor area ratio (FAR)?

No. The floor area ratio (FAR) is a building code metric from the zoning plan that specifies the maximum buildable portion of the property. The yard and building area is a cadastral designation of the actual use and does not have to correspond to the FAR.

What happens if the yard and building area is incorrectly recorded in the cadastre?

Incorrect entries can be corrected by submitting an application to the relevant cadastral office. This usually requires proof of the actual use. In cases of significant discrepancies, it is advisable to commission a publicly appointed surveyor.

Does the yard and building area affect property tax?

Yes, indirectly. In the Bavarian area model of the property tax reform, building areas are assessed using equivalence factors. Accurate recording of the actual building areas in the cadastre is therefore important for correct property tax assessment.

Unsealing and ecological enhancement

The de-sealing of yard and building areas is a growing trend-for both ecological and economic reasons. Sealed surfaces heat up significantly in the summer (heat island effect), strain the sewer system, and contribute to groundwater depletion. Municipalities are therefore increasingly promoting de-sealing: Gravel gardens have been banned in Bavaria for new buildings since 2021, and many cities offer consulting services for land de-sealing. Those who replace a paved courtyard with permeable surfaces can save money annually in municipalities with consumption-based stormwater fees. Additionally, a green courtyard increases the property’s appeal-a factor that buyers and tenants increasingly value.

Discrepancies Between the Cadastral Record and Reality

In practice, it often happens that the cadastral entry no longer corresponds to the actual situation-especially with older properties where additions, canopies, or paving have been added over the decades without an update being requested from the cadastral office. Such discrepancies can lead to problems with real estate transactions, property tax assessments, or development contributions. The path to correction involves filing an application with the relevant land registry office; for larger discrepancies, it is advisable to hire a publicly appointed surveyor who will re-survey the areas and prepare the documents for the land registry.

Yard and Building Area as a Valuation Factor in Real Estate Purchases

When purchasing multi-family homes, the ratio of paved to unpaved areas plays a role in long-term management. Anyone who buys a property with a large paved yard area also assumes the obligation to maintain these areas-cleaning, winter maintenance, and damage repair. At the same time, large paved courtyard areas offer potential for additional parking spaces that can be rented out. When evaluating a property, buyers should weigh both aspects: ongoing costs on the one hand, and potential for use on the other. We systematically factor in courtyard and building area when analyzing investment properties.

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