Parking regulations

Parking Space Regulations - Parking space regulations govern the requirement to provide parking spaces, their use, leasing, and ownership allocation for motor vehicle parking spaces in real estate. Under building codes, developers are required to demonstrate that a certain number of parking spaces are available for new construction and changes in use (parking space requirement under the State Building Code). Under the German Condominium Act (WEG) and tenancy law, special regulations apply to the use, rental, and allocation of parking spaces.

Parking Space Requirement Under Building Regulations

The Bavarian Building Code (BayBO) requires builders to provide a sufficient number and size of parking spaces for new construction and significant changes in use (Art. 47 BayBO). The exact number is determined by the municipal parking space ordinance. In Nuremberg, the rule is: As a general rule, 1 parking space must be provided per apartment. If it is not possible to create the spaces on the property, a parking space fee may be paid-currently approx. 8,000-15,000 euros per parking space in Nuremberg.

Parking space requirements play an important role in urban development and repurposing: Anyone converting a commercial property into residential space must generally demonstrate or pay for the increased parking space requirements associated with residential use. In densely populated downtown areas where land is scarce, the parking space fee can be a significant cost factor in project calculations.

Parking Spaces Under the Condominium Act (WEG)

In condominium complexes, parking spaces can be structured as separate ownership (underground parking space with its own land registry entry), as a right of exclusive use (right to exclusively use a specific parking space on common property), or as common property (freely available to all owners). The classification is determined by the declaration of division. Separate ownership of parking spaces can be sold or rented independently of the apartment-rights of exclusive use only to a limited extent.

The distinction between separate ownership and exclusive use rights is particularly important when purchasing a condominium with a parking space: Only with separate ownership does the owner have full control over the parking space. In certain cases, an exclusive use right can be modified or revoked by a resolution of the owners’ association-a risk that buyers should be aware of before purchasing. We review the declaration of division for our clients regarding this issue.

Parking Space Rental: Tax Considerations

Income from parking space rentals is generally subject to income tax (income from renting and leasing, § 21 EStG). Regarding sales tax: Residential space is exempt from sales tax; however, for parking spaces, this exemption applies only if they are rented out exclusively together with residential space. If parking spaces are rented out separately or to third parties for non-residential use, sales tax may apply. For owners who rent parking spaces to commercial users, tax advice is recommended.

Practical Tip for Owners in Nuremberg

We recommend that buyers of condominiums in the Nuremberg metropolitan area carefully examine the parking space situation before purchasing: Is a parking space included in the purchase price? Is it separate ownership or merely a right of exclusive use? Can the parking space be rented out separately? In sought-after neighborhoods such as the Old Town, Gostenhof, or Johannis, underground parking spaces generate rental income of 80-120 euros/month-a return factor that should not be underestimated. For properties without a parking space, rentability may be limited.

When marketing properties with a parking space, we recommend highlighting the parking space as a unique selling point-especially in neighborhoods where parking on public streets is becoming increasingly difficult. A secure, dry underground parking space in the city center is a significant added value for many prospective buyers, which can make the decision to purchase easier.

Frequently Asked Questions

Can I rent out my underground parking space separately?

If the parking space is designated as separate property, you are generally free to rent it out-even to third parties outside the condominium association. In the case of a right of exclusive use, renting to third parties is usually not possible without the consent of the condominium association. Check the declaration of division and the community rules.

Does the landlord have to provide a parking space?

No. There is no legal obligation for the landlord to provide the tenant with a parking space. If a parking space is included in the lease, this should be clearly stipulated in the lease agreement-ideally as a separate parking space lease agreement, since parking space rents may be subject to sales tax and are treated separately from the apartment in the event of termination for personal use.

How much does the parking space buyout cost in Nuremberg?

The parking space transfer fee is regulated by the Nuremberg Parking Space Ordinance and currently ranges from approximately 8,000-15,000 euros per parking space-depending on the zone. In the city center, the fee is higher than in outlying areas. The fee is a one-time payment and goes into the municipal parking space fund, which finances the construction of public parking facilities.

Can a parking space, as separate property, be sold to someone outside the condominium association?

Yes, separate ownership of parking spaces can generally be sold to anyone-including those who are not owners in the condominium association. However, many declarations of division include restrictions, such as a right of first refusal for the other owners or the requirement to sell the parking space only to owners within the condominium association. The declaration of division must therefore always be reviewed.

What happens to the parking space in the event of termination for personal use?

If a residence is terminated for personal use, the termination generally does not automatically include the associated parking space if it is rented separately. A separate parking space lease agreement may continue to exist independently of the termination of the residential lease. Conversely, the parking space lease agreement can also be terminated separately-in the case of leased individual property, under the terms of tenancy law. We recommend that landlords clearly stipulate the linkage between the residential lease and the parking space lease in the lease agreement to avoid unclear legal situations in the event of a later termination.

Electric Mobility and Parking Spaces: Current Developments

Parking law is taking on a new dimension due to the increasing prevalence of electric vehicles. The Condominium Act and the Building Electromobility Infrastructure Act (GEIG) grant owners of parking spaces (separate property) the right to install a wallbox (charging infrastructure) at their own expense, without the condominium association being able to prevent this. Installation requires only a resolution-co-owners generally have no right to object. In Nuremberg’s underground garages, the technical issue of wiring and meter infrastructure frequently arises. The underground garage’s electrical grid often needs to be expanded, which incurs community costs. We recommend that condominium associations develop an electrification plan for the underground garage at an early stage, one that bundles the needs of multiple owners and coordinates individual installations in a cost-effective manner.

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