Landscape Conservation Area

A landscape conservation area (LSG) is a protected zone designated under Section 26 of the Federal Nature Conservation Act (BNatSchG), within which nature and the landscape are to be preserved, maintained, or developed in a special manner. In contrast to the stricter nature reserve, a landscape conservation area generally continues to allow agricultural use and existing development, but significantly restricts new construction, fencing, and other interventions in the landscape. For property owners within or on the edge of an LSG, knowledge of these regulations is essential.

What is permitted in landscape conservation areas-and what is not?

Landscape conservation areas are designated by ordinance of the competent authority (in Bavaria: the district office or state government). The specific list of prohibitions is individually regulated in each conservation area ordinance. Typically prohibited or subject to approval are:

• New construction projects (residential buildings, garages, carports)
• Landfill and excavation on the property
• Enclosures (fences, hedges) exceeding a certain height
• Outdoor advertising structures and lighting systems
• Alteration of waterway banks and drainage measures
• Dumping of material that detracts from the landscape

In contrast, the following are generally permitted: proper agricultural and forestry use, maintenance of existing buildings, and recreational activities customary in the area (hiking, cycling). The exact line between permitted maintenance and interventions in the landscape requiring approval is often a matter of interpretation-in case of doubt, one should consult the nature conservation authority in advance.

Landscape Conservation Areas and Building Law: The Tension

Within a contiguously built-up area (inner zone under § 34 BauGB) or in a designated development plan area, a building permit may be granted despite the area’s status as a landscape conservation area-provided the project does not conflict with the conservation objectives of the landscape conservation area and an exemption under nature conservation law is granted (§ 67 BNatSchG). In the outer area (Section 35 of the German Building Code), however, construction is generally prohibited; the designation as a landscape conservation area reinforces this prohibition.

For properties located on the outskirts of a town that, depending on the perspective, could be classified as either an inner or outer area (so-called “peripheral locations”), the question of development potential is particularly complex. Here, the density of existing development, the character of the immediate surroundings, and the existence of an inner-area zoning ordinance pursuant to § 34(4) BauGB play a decisive role. Anyone purchasing such a property should obtain binding information from the building and nature conservation authorities prior to the purchase.

Exemption under nature conservation law (§ 67 BNatSchG)

An exemption from LSG prohibitions may be granted if:

• enforcement of the prohibition would result in an unreasonable burden, or
• the project is necessary for overriding reasons of public interest

The exemption is not automatic; it requires a formal application, often accompanied by compensatory or substitute measures (compensation areas, ecopoints). In Bavaria, the applicant must actively demonstrate that one of the grounds for exemption is met. The permitting authority has discretion, and a rejection is legally possible. Experience shows that exemptions for minor renovations and additions to existing buildings are more likely to be granted than exemptions for new construction on previously undeveloped land.

Impact on Purchase Price and Financing

The LSG risk directly affects the value of a property. A property in an LSG that is classified as an “outer area” under building law generally has no building land value, but only an agricultural or recreational land value-the difference can amount to several hundred percent. Banks and savings banks take LSG status into account when determining the mortgage lending value: A loan for a purported building lot that later turns out to be non-buildable can lead to a significant shortfall and trigger the bank’s claims for additional collateral. We strongly recommend that buyers clarify the LSG status and development potential before the notary appointment.

Practical Tip for Property Owners in Nuremberg and Franconia

The Nuremberg metropolitan region is rich in landscape conservation areas: the Reichswald around Nuremberg (one of Europe’s largest urban forests), the Pegnitz Valley, the Franconian Jura south of Lauf and Hersbruck, and the Steigerwald foothills are all extensively protected. Anyone wishing to purchase a property on the outskirts of the city or in a municipality in the Nuremberg area-such as in Lauf an der Pegnitz, Schwaig near Nuremberg, Wendelstein, Feucht, or Altdorf-should first check the LSG boundaries and the applicable protected area regulations with the relevant district office (Landratsamt) in Nürnberger Land, Erlangen-Höchstadt, or Roth.

The BayernViewer-Natur (a free online map from the State Office for the Environment) displays all protected area boundaries at the click of a button. However, for a legally sound assessment of development potential, we always recommend consulting the relevant authority directly and-for larger investments-obtaining an expert opinion from a specialist attorney for construction and planning law. We help you realistically assess a property’s development potential before you commit.

Frequently Asked Questions

Can I add an extension to an existing house in a landscape conservation area?

Additions and extensions to existing buildings are often possible in landscape conservation areas, but require approval. The competent authority assesses whether the impact on the landscape is justifiable. Flat-roof extensions or conspicuous glazing are viewed more critically than gable-roof extensions typical of the area, which blend harmoniously into the landscape. In individual cases, the authority may also impose conditions regarding landscaping or the color scheme of the facade.

What happens if I build in a landscape conservation area without a permit?

Illegal construction in a landscape conservation area is doubly problematic: in addition to a fine under the State Building Code, the nature conservation authority may order demolition. The statute of limitations for such orders can be very long in Bavaria; “preservation of the existing structure through the passage of time” is virtually impossible. An unauthorized addition in a landscape conservation area can become a serious problem when selling the property if the buyer or their bank discovers the status during due diligence.

How do I find out if my property is located in a landscape conservation area?

The Bayernviewer-Natur (online, free of charge) displays all protected area boundaries in Bavaria. Alternatively, the lower nature conservation authority at the district office or the independent city can provide information. The LSG status is not always explicitly noted in the land register or the purchase agreement-it is the buyer’s responsibility to verify this as part of their due diligence.

Does the LSG status reduce the property’s value?

This depends largely on whether the property is buildable despite its LSG status. If it is located within an area zoned for development under building regulations and is buildable, the loss in value is minimal-nature conservation then tends to act as a quality feature (peace and quiet, greenery). In an area outside the urban planning zone, however, the value drops drastically to agricultural levels. Prospective buyers should be aware of this distinction and should never accept the listed purchase price as proof of building land quality unless official confirmation is available.

Back to the Real Estate Glossary.