Administrative offense (construction)

A building code violation is a breach of public building regulations that is not treated as a criminal offense but as an administrative offense-typically resulting in a fine imposed by the relevant building authority. Typical offenses include: building without a permit, deviating from the approved construction plan, failure to comply with conditions of the building permit, or violations of the Bavarian Building Code (BayBO). Unlike criminal building law, the Administrative Offenses Act (OWiG) applies in conjunction with the respective state building code.

Common instances of administrative offenses under building law

Among the most common administrative offenses in building law are: erecting a building or addition requiring a permit without a building permit (unauthorized construction), change of use without a permit (e.g., conversion of basement rooms into living spaces), violation of BayBO setback regulations, failure to comply with fire safety requirements, and failure to meet the GEG documentation requirement (e.g., lack of an energy performance certificate when renting). The absence of required smoke detectors may also be punished as an administrative offense, depending on state law.

Particularly relevant in the context of real estate transactions is unauthorized changes to living space: If an owner has retroactively converted the attic without a building permit and now includes the space in the living area declaration, this constitutes a violation of building regulations. The building authority can issue a prohibition on use for this area and demand its removal-even if the conversion took place twenty years ago.

Fine Amounts and Official Responses

Fines for building code violations vary depending on the severity and the state. In Bavaria, fines under Art. 79 BayBO can amount to up to 500,000 euros for serious violations. In addition to the fine, the Building Authority may order a halt to construction, demand the removal of the non-compliant condition (demolition order), or issue a prohibition on use. The competent authority in Nuremberg is the City Planning Office or the Building Regulations Office.

The fine itself is often not the biggest problem-the follow-up costs can be far higher: An ordered demolition of an extension built without a permit can quickly cost between 30,000 and 100,000 euros, depending on the size and construction method. Added to this are planning costs, procedural costs, and potential claims for damages from buyers who purchased an unapproved area under the assumption that it was approved.

Administrative Offense vs. Criminal Building Law

Administrative offenses are not criminal offenses and are not recorded in the criminal record. However, if third parties are harmed by an illegal construction project or if documents are forged (e.g., in the case of forged building permits), a criminal offense may have been committed. The distinction between an administrative offense and a criminal offense must be assessed on a case-by-case basis. Anyone who acts in violation of building regulations risks not only a fine but also civil liability claims from affected neighbors.

In connection with the purchase or sale of real estate, the fraudulent concealment of a known violation of building regulations may constitute fraud-in which case it is no longer an administrative offense but a criminal offense with significantly more severe consequences.

Practical Tip for Property Owners in Nuremberg and Franconia

In Nuremberg and the metropolitan region, building authorities regularly inspect existing structures-especially in response to neighborhood complaints. Anyone purchasing a property should verify that all existing structures and uses have been approved. Unpermitted structures can result in a reduction of the purchase price or an obligation to rectify the situation. We recommend reviewing the building permit documents at the building authority before purchasing an existing building. Legalization is often possible, but it is time-consuming and costly.

For properties suspected of having unauthorized additions, terrace roofs, sunrooms, or outbuildings, we recommend obtaining a building code clearance from the Nuremberg Building Authority before finalizing the purchase. This clearance provides reliable information on whether the existing structure is approved-and protects buyers from costly surprises.

Frequently Asked Questions

What happens if I inherit a building code violation when purchasing a property?

The buyer assumes all public law obligations associated with the property. Any existing illegal condition (e.g., an unauthorized addition) is transferred to the new owner; they must comply with the removal order issued by the Building Authority. This circumstance should be addressed in the purchase agreement.

Do building code violations have a statute of limitations?

Yes. According to § 31 OWiG, the statute of limitations for prosecuting building code violations is generally three years. However, the violation itself (e.g., an unauthorized structure) does not automatically become time-barred-it can still be subject to a removal order even decades later.

Can I retroactively legalize an addition built without a permit?

Yes, by submitting a building application for a retroactive building permit. Whether approval is granted depends on whether the addition complies with current building regulations. If it does not, the only option is demolition. We recommend obtaining legal advice from the building code office before purchasing a property with unauthorized additions.

As a buyer, how can I tell if additions are approved?

Request all building permit documents from the seller and compare the approved plans with the actual structure. If there are discrepancies, it is worth reviewing the building file at the building authority or consulting a building expert. We can assist you with this due diligence.

Can a building code violation affect the sale price of a property?

Yes, significantly. As soon as a violation of building regulations comes to light during a real estate transaction, it directly impacts price negotiations. Buyers typically demand a price reduction that covers the costs of legalization or demolition-plus a risk buffer for any potential regulatory requirements or procedural costs. In the case of an unauthorized attic conversion in Nuremberg that cannot be retroactively approved, demolition and restoration to the original condition can quickly cost between 20,000 and 60,000 euros-depending on the area and the state of the conversion. Transactions often fail entirely because of this: financing banks refuse to disburse the loan if significant living space is built in violation of building codes and its use can be prohibited at any time. We therefore recommend that sellers obtain a building code clearance report and resolve any outstanding permit issues before marketing the property-this protects the sale proceeds and avoids liability risks after the sale.

Back to the Real Estate Glossary.