Water Law

Water Law - Water law governs the management of surface water, groundwater, and stormwater and has a significant impact on the use, development, and subdivision of land. The key statutes are the Federal Water Resources Act (WHG) and the Bavarian Water Act (BayWG). For property owners, water law is relevant in cases of construction near bodies of water, groundwater lowering, infiltration of stormwater, and the discharge of wastewater.

Water Law Permits

Various measures require a permit or authorization under water law: Groundwater extraction - drilling a well for garden irrigation or a heat pump (water-to-water heat pump). Discharge of stormwater - when rainwater is discharged not into the sewer system but into a body of water or into the groundwater (infiltration). Construction in floodplains - special requirements under § 78 WHG, in some cases a construction ban. Watercourse development - Alteration of watercourses on or adjacent to the property. In Bavaria, the lower water authority (district office or independent city) is responsible. The permit is issued as a permit under water law (revocable) or authorization (time-limited, irrevocable).

A simplified regulation applies in Bavaria for the infiltration of stormwater: Anyone who infiltrates rainwater from paved areas on their own property generally only needs to file a notification with the lower water authority, not a formal permit-provided the infiltration volume is low and the groundwater is not endangered. The municipality may even mandate infiltration in the zoning plan to relieve the sewer system. In Nuremberg, rainwater infiltration and retention systems are subsidized as part of the municipal climate adaptation strategy.

Impact on Property Owners

Water law affects property value and buildability: In floodplains (as defined under Section 76 of the Federal Water Act), strict building restrictions apply-new construction is generally prohibited, while existing buildings are protected under grandfathering provisions. Construction is restricted along riparian zones (5 m from 1st and 2nd order water bodies). Where groundwater levels are high, building basements can be difficult or only feasible with extensive waterproofing (white tank). Properties with their own water rights (e.g., right of use for a stream) can represent added value.

The location of a property within a floodplain or flood risk area is publicly available through the Bavarian Environmental Information System (UIS) and the Bavarian State Office for the Environment (LfU). As a buyer, you should check this status before the notarization-it significantly affects both the buildability and insurability (natural hazard liability) of the property, as well as its market value.

Riparian Buffers and Waterfront Properties

Properties that directly border a stream, river, or lake are subject to special water law requirements. The riparian buffer of 5 m (within town limits) or 10 m (outside town limits) from the top of the embankment may not be built upon and must be left in a near-natural state. Trees and shrubs may only be removed with official permission. Waterfront properties generally do not have exclusive rights of use to the water-the right of public use allows anyone to enter the riparian zone and swim in natural bodies of water.

Practical Tip for Property Owners in Nuremberg

We recommend that property owners in the Nuremberg metropolitan region who wish to build near bodies of water (Pegnitz, Rednitz, Wörnitz tributaries) or install a water-to-water heat pump apply for a water law permit from the City of Nuremberg (Environmental Office) well in advance. The processing time is approximately 6-12 weeks. The review process is particularly complex in the Pegnitz floodplains (Wöhrd, Tullnau, Mögeldorf), as these areas are designated flood zones. For rainwater infiltration on your own property, a notification to the water authority is sufficient in many cases-formal approval is only required for larger volumes.

Buyers of real estate in the Pegnitz lowlands should also check whether the building has a backflow preventer in the main sewer line. During heavy rain, sewage from the sewer system can back up into lower-lying parts of the building-without a backflow valve, this results in significant water damage, which is generally not covered by building insurance (due to a lack of natural disaster coverage or a breach of duty). Retrofitting a backflow valve costs approximately 1,000-2,500 euros.

Frequently Asked Questions

Can I build in a floodplain?

In designated floodplains, Section 78 of the Water Resources Act (WHG) imposes a general building ban on new construction. Exceptions are possible if: the property is located within a zoning plan, flood retention is not impaired, and compensatory measures are taken. Existing buildings are protected under grandfathering provisions, but renovations and extensions require a review under water law. In Nuremberg, floodplains can be viewed via the Bavarian Environmental Portal (map service).

Do I need a permit for a water-to-water heat pump?

Yes, the extraction and return of groundwater for a heat pump requires a permit under water law pursuant to Section 8 of the WHG. The permit is issued by the local water authority provided that groundwater quality and quantity are not compromised. In Nuremberg, the costs for the permit and well drilling amount to approximately 5,000-10,000 euros in addition to the cost of the heat pump. The permit is generally valid for 15-30 years.

Who is liable for flood damage?

In the case of natural flooding, there is no liable party-the damage falls on the property owner. Building insurance covers flooding only if natural hazard insurance has been purchased. If the flooding is caused or exacerbated by human activity (e.g., backwater due to unauthorized construction), the party responsible can be held liable. In Nuremberg, we strongly recommend that all property owners near bodies of water take out natural hazard insurance.

Can I divert rainwater into my garden pond?

Yes, the use of rainwater on one’s own property-such as in a garden pond or cistern-is generally permitted without a permit. However, as soon as rainwater is to be discharged into surface water or groundwater, a notification or permit is required, depending on the volume. The use of rainwater for toilet flushing and garden irrigation is expressly encouraged and is partially subsidized in Nuremberg.

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