Is a building permit required for a garage?

Hello!

I want to build an above-ground garage on my property measuring 9x7m (max height 3m/flat roof). The garage is to be positioned on the 9-meter side as a boundary development to the neighboring property. The other sides will not be built as boundary developments. The garage will then be about 5m away from my planned house.

A qualified development plan is available. In the regulations, it only states the following:
Garages and carports with closed roofing are only permitted on buildable areas of the property. Furthermore, no restrictions regarding garages are indicated.

Now the Brandenburg Building Code states the following:
§ 55 Projects exempt from approval
Paragraph 2: The erection or alteration of the following buildings does not require a building permit:
Item 3: above-ground garages with no more than one floor and no more than 150 m2 floor area, within the scope of a development plan according to § 30 para. 1 or 2 of the Building Code
Item 4: above-ground garages belonging to a residential building with a total floor area of not more than 50 m2 on the same property

My garage would have a floor area of 63 sqm/1 floor and is within the scope of a development plan. According to item 3, permit-free construction would be possible. But what does item 4 regulate then? According to this, my garage would, in turn, require a permit?

Thank you very much for your support.
Regards Dutch

Layman's opinion: Point 2: Garage on open land or garage complex (e.g. for rental) Point 3: (Your house construction with) garage attached to the house Does exempt from approval also mean exempt from notification for you?

Hello,

A qualified development plan is available. In the determinations, it only states the following:
Garages and carports with closed roofing are only permitted on buildable areas of the property. Furthermore, no restrictions are indicated regarding garages.

I would say it depends on what is designated as "buildable area" according to the plan. The entire area of the property or _only_ the hatched line of the building envelope + possibly designated parking spaces.

Why didn't you clarify this topic directly in the phone call along with your other question about the floor space index/site coverage ratio?

According to this, would my garage require approval?

Where is the problem with applying for the garage directly in the building application for the single-family house?

Rhenish regards

I would say it depends on what is designated as "buildable area" according to the plan. The entire area of the plot or _only_ the hatched line of the building window + possibly designated parking spaces.

Hello,
the buildable area should not be the problem. Building window and parking spaces are not marked in the development plan. My main concern is the size of the garage. Am I now allowed to build 50 sqm or 150 sqm without a permit?

What is the problem with applying for the garage directly in the building application for the single-family house?

The single-family house will only be built several months later, so a separate building application is required.

Why didn’t you clarify this issue directly in the phone call along with your other question about the floor area ratio/site coverage ratio?

Well, one is the urban planning office, where I got the information. The current responsibility lies with the building authority, but before I call there, I first ask here.

Hello.

I believe that a garage up to 50 m2 is exempt from approval, anything larger must be approved in the building application.

At least that is the case with boundary construction.

The ridge height must not exceed 3 m either - I think because of the boundary construction)

(statement from our architect - [Bundesland Brandenburg])

Best regards

Am I now allowed to build 50sqm or 150sqm without approval?

Basically, first of all 50sqm! Your 150sqm refer to the outer area, see §55, para. 2 Art. 3 Fire Building Regulation. And yes, it may be that somewhere it also states through § reference that boundary construction always requires approval. Everything else would surprise me. Regulations should always be read in their entirety, which eventually overwhelms a layperson because principles often assumed are unknown to the layperson.

The single-family house will be built only several months later, therefore a separate building application is required.

Building permits are always valid for 2 to 3 years, sometimes even 5? years. Therefore, it makes sense to submit the building application for the garage together with the single-family house; that will be cheaper.