State
Buying land in Berlin: what the district must confirm
Berlin combines state law with district-level plot checks. BauO Bln, Baulastenverzeichnis, BBK, BORIS and the Bebauungsplan show what the Flurstück can carry.
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Why Berlin needs a district-level check
Berlin is both a Land and a city. The Bauordnung für Berlin, the Berlin building code, together with soil, monument and forest law supplies the state framework, but the plot-specific answer often comes from the district building, soil or monument-protection office. That division matters more than a general statement in an estate listing.
Before the notary appointment, bring together the plan, Baulasten, Bodenbelastungskataster, ALKIS, BORIS and the responsible Bezirk. Water, woodland, ordnance and mining may add further offices. Federal law sets the national frame; state law supplies the BauO Bln; the municipality and Bezirk handle local implementation and by-law questions. The property due-diligence checklist helps order the file.
Check the Berlin parcel, not merely the listing. A GrundCheck property check ties the plot, plan and district answers together.
- Setbacks under § 6 Abs. 5 BauO Bln
- BBK: the contaminated-land register
- Bauvorbescheid and Genehmigungsfreistellung
- Water margins
- Agriculture, neighbours and nature
Source: BauO Bln; Geoportal Berlin/FIS-Broker; BORIS Berlin; Bodenbelastungskataster Berlin; checked August 2026
Setbacks under § 6 Abs. 5 BauO Bln
Berlin generally requires a setback of 0.4 H and at least 3 m. In commercial and industrial areas it is 0.2 H and at least 3 m. The checked Berlin rule does not confirm a separate general core-area factor or a blanket narrow-side privilege.
On a narrow Berlin plot, the setback can decide the building position. Plot boundary, wall height, Bebauungsplan (binding local development plan) and the local setting must be read together. The official BauO Bln version belongs in the file, with a site plan showing the distances.
Baulasten at the district building authority
§ 84 BauO Bln provides for the Baulastenverzeichnis, the register of public-law building obligations. The district Bauaufsicht keeps the entries. A Baulast (public-law building obligation) can secure access, setbacks, parking or service lines and therefore works differently from a private promise in a purchase contract.
The Grundbuch does not replace a Baulast extract. Berlin has the public register, so no substitute mechanism is needed. Request the entry for the exact Flurstück (cadastral parcel) and compare it with the planned use. The Berlin Baulast information service and district register information show the route. The easements and building obligations guide explains the difference from the land register.
BBK: the contaminated-land register
§ 6 BlnBodSchG is the basis for the Bodenbelastungskataster Berlin, or BBK. The checked source does not confirm general public online access to every plot-specific record. Ask the responsible Berlin office for the particular Flurstück.
A missing public map entry is not a negative certificate. Former industry, fill, fuel stations and other uses can trigger a specialist review. The Senate BBK information describes the register. The contamination guide helps prepare the request.
ALKIS, ownership data and BORIS
Berlin supplies the Liegenschaftskataster through ALKIS. §§ 7, 17 VermGBln distinguish products and enquiries; a confirmed free online enquiry is available, but products do not all have the same contents or evidential weight. Decide whether the need is a map, an official extract or ownership information before applying. The Berlin ALKIS service is the correct starting point.
BORIS Berlin publishes Bodenrichtwerte, official average land values, online free of charge. The value describes a zone and standard plot, not automatically the individual Flurstück. For baureifes Land, the 2024 average purchase value is 705.19 EUR per m². That is a statistic, not a Bodenrichtwert. The Berlin Gutachterausschuss, the Berlin-Brandenburg purchase-value statistics and the land-value guide answer different questions.
Bauvorbescheid and Genehmigungsfreistellung
Under § 75 BauO Bln, a Bauvorbescheid, preliminary building decision, lasts three years and can be extended. The request should describe the plot, building envelope, use and access precisely enough to connect the answer to the purchased land.
§ 62 BauO Bln provides Genehmigungsfreistellung. The confirmed Berlin rule gives no fixed maximum building class and excludes Sonderbauten; the stated period is 4 weeks. Bebauungsplan, access and the other requirements remain decisive. The Bauordnung für Berlin in the state portal should be read with the actual project.
Permit-free ancillary structures
§ 61 Abs. 1 Nr. 1 Buchst. b and Nr. 7 Buchst. a BauO Bln list verfahrensfreie Vorhaben. The confirmed values are 50 m³ for garages and 10 m³ for garden sheds. Within the built-up area, a fence up to 2 m can be permit-free; no general Außenbereich height is confirmed.
Verfahrensfrei does not mean free from planning and building law. Setbacks, the Bebauungsplan, monument protection, neighbour law and access can still restrict the project. Existing sheds, garages and fences belong in the site inventory. The Berlin rule on permit-free works is the starting point.
Water margins
§ 38 WHG sets a 5 m Gewässerrandstreifen, watercourse margin, in the Außenbereich. The checked official basis does not confirm one uniform Berlin Innenbereich width. If water touches the parcel, the exact location and measure must be checked with the specialist authority. The federal water-margin rule belongs beside the local answer.
Monuments, woodland, mining and ordnance
§§ 1, 2 DSchG Bln protect cultural monuments. Under § 3 Abs. 2 and § 23 Abs. 1 DSchG Bln, entry is declaratory for built and archaeological monuments. The Denkmalliste is therefore important but not the only test. The law also provides for statutory acquisition of state ownership of qualifying finds under the Schatzregal.
The DSchG Bln text and Berlin monument list belong in the file. The responsible specialists are Landesdenkmalamt Berlin and the lower monument authorities. For woodland, §§ 6, 9 LWaldG Bln make conversion permit-based and provide an appropriate case-specific replanting period, not one confirmed number.
For mining, § 69 BBergG names Landesamt für Bergbau, Geologie und Rohstoffe Brandenburg as the specialist contact for the Berlin-Brandenburg area; the LBGR mining information does not confirm a uniform online historic-mining enquiry for every Berlin plot. The Kampfmittelbeseitigungsdienst Berlin is the named ordnance service under § 1 ASOG Bln; the Berlin security information does not confirm one cost status for every request.
Agriculture, neighbours and nature
§ 1 LwGrdstGenFrhG BE gives a confirmed 1 ha threshold for the stated agricultural transactions. The land type and transaction remain decisive. For trees, §§ 27, 28 NachbG Bln give 3 m for large trees and 1.5 m for small trees and shrubs. The checked source does not confirm a general duty to fence every plot. The Berlin neighbour-law text should be used for vegetation and boundary structures.
§ 48 NatSchG Bln provides a statutory nature-conservation pre-emption right. A protected location can therefore affect the transaction. The Berlin nature-conservation rule should be checked against the plan and responsible office.
Tax, fees and roads
Berlin real-estate transfer tax is 6,0 percent under the state rate law. Berlin uses the federal property-tax model under BewG, GrStG and BlnGrStMG; no separate Berlin land-value model is confirmed. The Berlin property-tax information provides the state explanation.
Building fees follow the BauGebO Bln. The Berlin building-fee ordinance sets the framework, while the actual act determines the amount. The Straßenausbaubeitragsgesetz is abolished; the checked basis confirms no single effective date. Ask the district about outstanding charges for a particular road project.
- Planning lawMunicipality or building authority
- Parcel and mapGeoportal Berlin/FIS-Broker
- Soil, value and hazardsSpecialist portal and competent authority
Source: BauO Bln; Geoportal Berlin/FIS-Broker; BORIS Berlin; Bodenbelastungskataster Berlin; checked August 2026
What differs in your state
Setbacks are a useful cross-state screening point, but Berlin's § 6 Abs. 5 BauO Bln and the district plan control the parcel. Use the table to identify where the Berlin figure sits among the states.
The district authority's written answer belongs beside the plan and parcel record.
| State | Value | Legal basis | Source |
|---|---|---|---|
| Baden-Württemberg | Standard rule: Generally 0.4 H, at least 2.5 m. Core areas: In core areas, 0.2 H applies, at least 2.5 m. Commercial areas: In commercial areas, 0.125 H applies, at least 2.5 m. Narrow sides: For walls up to 5 m wide, the depth must not be less than 2 m. | § 5 Abs. 7 LBO | Source Baden-Württemberg |
| Bavaria | Standard case: 0.4 H, at least 3 m. The building setback is 0.4 H, at least 3 m. Commercial and industrial areas: 0.2 H at least 3 m. In commercial and industrial areas it is 0.2 H, at least 3 m. Large cities with over 250,000 inhabitants: 1 H; on up to two external walls 0.5 H Art. 6 Abs. 5a contains this special rule outside certain areas if the surrounding area is characterized accordingly. | Art. 6 Abs. 5 BayBO | Source Bavaria |
| Berlin | As a rule: 0.4 H at least 3 m building setbacks must be kept clear in front of external walls and roofs; basically 0.4 H, at least 3 m. Commercial and industrial areas: 0.2 H at least 3 m. The special statutory scale applies to certain commercial or industrial areas. | § 6 Abs. 5 BauO Bln | Source Berlin |
| Brandenburg | Standard case: 0.4 H, at least 3 m. The depth of the building setback is 0.4 H, at least 3 m. Commercial and industrial areas: 0.2 H at least 3 m. In commercial and industrial areas, 0.2 H is sufficient, at least 3 m. Building classes 1 and 2 with a maximum of three floors above ground: 3 m In front of the outer walls, a depth of 3 m is sufficient. | § 6 Abs. 5 BbgBO | Source Brandenburg |
| Bremen | § 6 Abs. 6 Satz 1 BremLBO – Standard case: 0.4 H at least 3 m The depth of the building setback is 0.4 H, at least 3 meters. § 6 Abs. 6 Satz 2 BremLBO – Commercial and industrial areas: 0.2 H, at least 3 m. In commercial and industrial areas, a depth of 0.2 H, at least 3 meters, is sufficient. § 6 Abs. 6 Satz 3 BremLBO – small buildings: 3 m In front of external walls of buildings in building classes 1 and 2 with a maximum of three floors above ground, 3 meters is sufficient. § 6 Abs. 6 Satz 4 BremLBO – neighbour-protecting effect: 0.75 Only three quarters of the required depth, but at least 2.50 meters, have a neighbour-protecting effect. | § 6 Abs. 6 BremLBO | Source Bremen |
| Hamburg | Standard case: 0.4 H at least 2.5 m § 6 Abs. 5 Satz 1 HBauO: Depth of the building setback 0.4 H, at least 2.50 m. Commercial and industrial areas: 0.2 H at least 2.5 m § 6 Abs. 5 Satz 2 HBauO: 0.2 H, at least 2.50 m; the standard rule (0.4 H) applies again at borders to other building areas. Bebauungsplan with different regulations: as set in the Bebauungsplan § 6 Abs. 5 Satz 3 HBauO: If a Bebauungsplan sets other distances, these take precedence. Garages and outbuildings without their own building setback: wall height up to 3 m, length up to 9 m per property line § 6 Abs. 8 HBauO allows garages, building-independent solar systems, retaining walls/enclosures and heat pumps without their own building setback, a maximum of 15 m in total per property. | § 6 HBauO | Source Hamburg |
| Hesse | Standard rule: 0.4 H at least 2.5 m. The depth is generally 0.4 H; according to the current version, at least 2.50 m applies. Commercial and industrial areas: 0.2 H at least 2.5 m The reduced depth only applies in the legally specified areas and not to areas of other use. Narrow sides and border developments: Special rules according to § 6 Abs. 6 und 11 HBO Separate requirements apply to certain subordinate components and border garages; Bebauungsplan and local statutes remain to be checked additionally. | § 6 Abs. 5 HBO | Source Hesse |
| Lower Saxony | As a rule: The distance is 0.5 H, at least 3 m. Commercial and industrial areas: In commercial and industrial areas, 0.25 H applies, at least 3 m. Narrow sides: special legal rules For border development and narrow sides, § 5 contains further special rules; they cannot be reduced to a single general factor. | § 5 Abs. 2 NBauO | Source Lower Saxony |
| Mecklenburg-Western Pomerania | Building classes 1 to 3: 3 m Fixed building setback depth of 3 m in front of the external walls, regardless of the building height (§ 6 Abs. 5 Nr. 1). Building class 4: 4 m Fixed building setback depth of 4 m (§ 6 Abs. 5 Nr. 2). Building class 5: 5 m Fixed building setback depth of 5 m (§ 6 Abs. 5 Nr. 3). Commercial and industrial areas as well as antenna systems in the Außenbereich: 0.2 H at least 3 m 0.2 H, at least 3 m (§ 6 Abs. 5 Nr. 4). Otherwise (fallback rule outside the building class circumstances): 0.4 H at least 3 m 0.4 H, at least 3 m (§ 6 Abs. 5 Nr. 5). | § 6 Abs. 5 LBauO M-V (Änderungsgesetz vom 26. Mai 2026, GVOBl. M-V 2026 Nr. 16 S. 524) | Source Mecklenburg-Western Pomerania |
| North Rhine-Westphalia | Standard rule: 0.4 H, at least 3 m. The depth is 0.4 H, at least 3 m. Commercial and industrial areas: 0.2 H at least 3 m. In commercial and industrial areas, 0.2 H is sufficient, at least 3 m. Core areas: 0.25 H at least 3 m In core areas 0.25 H applies, at least 3 m; Special rules apply to certain public areas. | § 6 Abs. 5 BauO NRW 2018 | Source North Rhine-Westphalia |
| Rhineland-Palatinate | Standard case: 0.4 H at least 3 m. The depth of the building setback is generally 0.4 H, at least 3 m. Special cases: Border garages and subordinate buildings § 8 Abs. 9 LBauO contains special requirements for systems without their own building setback; Location, wall height and boundary length must be checked individually. | § 8 LBauO Rheinland-Pfalz | Source Rhineland-Palatinate |
| Saarland | Normal case (§ 7 Abs. 5 Satz 1 und 5 LBO): 0.4 H, in all cases at least 3 m Residential buildings in building classes 1 and 2 with a maximum of three floors above ground (§ 7 Abs. 5 Satz 2 LBO): 3 m is sufficient as the depth of the building setback Commercial and industrial areas (§ 7 Abs. 5 Satz 3 LBO): 0.2 H, at least 3 m Core areas and non-recreational special areas (§ 7 Abs. 5 Satz 4 LBO): depth less than 0.4H may be permitted, but at least 3 m; not a fixed factor in the law Wind turbines (§ 7 Abs. 8 LBO): 0.25 H in the Außenbereich or in special areas for wind energy, otherwise 0.4 H Antennas including masts in the Außenbereich (§ 7 Abs. 9 LBO): 0.2 H Walls without openings in commercial and industrial areas (§ 8 Abs. 1 LBO): 1.50 m or 2.50 m depending on fire resistance and building materials, not opposite property boundaries | § 7 Abs. 5 LBO | Source Saarland |
| Saxony | Standard rule: 0.4 H at least 3 m. The depth is generally 0.4 H, at least 3 m. | § 6 Abs. 5 SächsBO | Source Saxony |
| Saxony-Anhalt | Standard case: 0.4 H at least 3 m § 6 Abs. 5 Satz 1 BauO LSA: The depth is 0.4 H, at least 3 m. Commercial and industrial areas: 0.2 H at least 3 m § 6 Abs. 5 Satz 2 BauO LSA: In commercial and industrial areas 0.2 H is sufficient, at least 3 m. Residential buildings, building classes 1 and 2: 3 m In front of the outer walls of certain residential buildings of building classes 1 and 2, a depth of 3 m is sufficient according to § 6 Abs. 5 Satz 3. | § 6 Abs. 5 BauO LSA | Source Saxony-Anhalt |
| Schleswig-Holstein | Standard case: § 6 Abs. 5 LBO determines 0.4 H, at least 3 m. Commercial and industrial areas: In commercial and industrial areas, the legal requirements are 0.2 H, at least 3 m. Residential buildings, building classes 1 and 2: Special regulations For residential buildings of building classes 1 and 2, § 6 contains further special rules. Narrow-side privilege: yes § 6 contains a special legal regulation for certain narrow pages; the specific application is property-specific. | § 6 Absatz 5 LBO SH (Bekanntmachung der geltenden Fassung vom 5. Juli 2024, GVOBl. Schl.-H. 2024 Nr. 8, S. 504/522) | Source Schleswig-Holstein |
| Thuringia | Standard case: 0.4 H The depth of the building setback is generally 0.4 H, at least 3 m. Commercial, industrial and comparable special areas: 0.2 H In commercial and industrial areas as well as comparable special areas, the special depth of 0.2 H applies, at least 3 m, provided the legal requirement is met. | § 6 Abs. 5 ThürBO (Fassung vom 2. Juli 2024, GVBl. 2024, 298, Gültig ab 19.07.2024) | Source Thuringia |
The district file before the notary
The Geoportal Berlin brings together geodata. The Berlin planning information is the state-wide entry for Bebauungspläne. Legal force, Baulasten and district responsibility still need confirmation for the individual Flurstück.
Put the plan first, then ALKIS and BORIS, followed by Baulasten and BBK. Record water, monuments, woodland, ordnance and mining as separate specialist questions. The boundaries and land-survey guide helps with a planned split, while the notary and closing guide helps attach the answers to the contract.
For comparison, use the 16-state building-obligation comparison and the 16-state monument-protection comparison. The pre-emption and approvals guide covers the next legal step.
Resolve the district questions. A GrundCheck parcel check keeps the source, Flurstück and answer together.
Keep the authority trail precise. A plan search answers where a Bebauungsplan is listed, not whether the current drawing is the legally binding version. A BBK enquiry answers the record held for the parcel, not whether an old use has left no technical risk. A Baulastenverzeichnis extract answers public-law obligations, while the Grundbuch answers private rights. BORIS answers a zone value, while the 705.19 EUR per m² figure is a statistical average. Put each answer beside its source, date and Flurstück before the contract is final. State law, federal law, the municipality and the Bezirk may each answer a different part of the same proposal. That separation is especially useful for an overseas buyer who may otherwise read one map or one registry extract as a complete final approval. Save the original written response, not merely a screenshot or listing summary.
Sources and checking date
Checked on 6 August 2026. The information is general and does not replace an answer from the responsible Bezirk, Bauaufsicht or specialist authority. For the state-law text, use the BauO Bln text, the Berlin law portal. Further official sources include Berlin state information, the monument database, the Bebauungsplan information and the Berlin rate statute. Read next: Bodenrichtwert, monuments and archaeology and pre-emption rights.
District portal and purchase file
Save the plan, cadastral record and each district reply with the parcel identifier and retrieval date.
Open questions before notarisation
Any unresolved planning, soil, access or register question should be answered in writing or allocated expressly in the contract.