Exceeding the floor area ratio

Hello everyone, we have a new 910 square meter plot in Lower Saxony and are allowed to build on 40% of the plot. That corresponds to 364 square meters.

We currently have the following areas built: house 102.5
garage 61
terrace 50
yard 127 paths and other storage areas.

We would now like to build a garden shed around which paving will also be done. This is estimated to be about 35 square meters. I called the municipality today and asked about possibilities. Unfortunately, they could not help me there. According to my internet research, however, there are exceptions that can be credited or utilized. I have seen that garages and driveways sometimes only have to be counted at 50%.

What are your experiences with this and how can I proceed to apply for these exceptions at the municipality? The kind lady there always only referred to our building application. We are already just under 0.4 with that, which is the maximum floor area ratio. However, it was not taken into account that certain areas only have to be calculated at 50%.

What are your experiences with this and how can I proceed to apply for these exceptions with the municipality?

Your architect can and must do that. See the development plan and LBO. Everything is naturally included there. "These exceptions" are not exceptions, but the completely normal calculation.

The development plan does not specify anything exact. Only the number 0.4 and the reference to Paragraph 19 of the building regulations, see picture.

I have summarized Paragraph 19 in excerpts:


19 Building Use Ordinance (current version)

(1) The floor area ratio indicates how many square meters of floor area per square meter of plot area according to paragraph 3 are permissible.

(2) Permissible floor area is the portion of the building plot calculated according to paragraph 1 that may be covered by buildings.

(3) For the determination of the permissible floor area, the area of the building plot located in the building land and behind the street boundary line set in the development plan is decisive.
If a street boundary line is not set, the area of the building plot behind the actual street boundary or specified as decisive in the development plan applies.

(4) In determining the floor area, the floor areas of the following installations must be included:

Garages and parking spaces with their driveways,

Ancillary facilities within the meaning of § 14,

Buildings below ground level through which the building plot is merely underbuilt.

The permissible floor area may be exceeded by the floor areas of these installations by up to 50%, but not beyond a floor area ratio of 0.8; further minor exceedances may be permitted.

The development plan may contain deviating provisions from this sentence.

Unless the development plan provides otherwise, compliance with the limits determined by sentence 2 may be waived in individual cases

1. in case of exceedances with minor impacts on the natural functions of the soil, or

2. if compliance with the limits would lead to a significant hindrance of the appropriate use of the plot.

(5) Unless the development plan provides otherwise, in commercial, industrial and other special areas, the permissible floor area may be exceeded by the floor areas of facilities for generating electricity and heat from solar radiation energy and wind energy.


In this case I understand it so that only 50% of our garage has to be counted, just as for our yard. Thus, I would gain about 90 square meters.

If I look at other houses in our street, especially multi-family houses for rent, there must be valid exceptions here. Because in these cases definitely more than 50% of these plots have been built over.

that certain areas only have to be applied at 50% in part.

Not must.. CAN! Provided it is stated in the development plan that Par. 19 of the Land Use Ordinance applies.

What are your experiences with this

These are not experiences, but stipulations in the development plan as well as the Land Use Ordinance and your state building regulations. These must be read in full and then be able to be applied. Apparently, a development plan applies to you that specifies a floor area ratio of 0.4. If Par. 19 of the Land Use Ordinance is also mentioned, which is not uncommon, and no other requirements contradict this, a garden shed is generally possible. However, it may also be that garden sheds with 35sqm, which would be over 100 cubic meters, are not permitted in your residential area or your federal state, or a building application including statics and so on would have to be submitted for this. If you cannot do this yourself, a local architect is best suited to handle it. Mind you: 35sqm is not small. A garden shed may not simply be misused for other purposes. This could also be objected to. In addition, the setback areas would also have to be observed. 900sqm is finite after all. If you can name the development plan and have the site plan of your property at hand, mark some dimensions and show the neighboring buildings, then it would be possible for the forum to check it for you. However, do NOT post the plan as a link. The federal state is also needed due to the state building regulations.

I have summarized Paragraph 19 in excerpts:

You don’t need to, it is fixed!

Only the number 0.4 and the reference to Paragraph 19 of the building regulations, see picture.

What you are showing is only the legend. The plan drawing as well as the textual specification and the current use of your property apply.

If I look at other houses in our street, especially multi-family houses for rent, there must be valid exceptions here. Because definitely more than 50% of these plots have been built over there.

In zoning plans, there are usually different designated areas, namely for single-family homes, but also multi-family houses. This means: you cannot compare your plot with a multi-family house plot.