Comparison
German building setbacks: 16-state comparison
How far must a building stand from the plot boundary in Germany's 16 federal states?
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The basic idea behind a building setback
A building setback is the area in front of an external wall that must generally be kept free of above-ground buildings. It protects daylight, ventilation, fire safety and space between neighbouring buildings. It can substantially reduce the buildable area.
The states regulate the details in their building codes. A common starting point is wall height H, from which a factor such as 0.4 H is derived. An absolute minimum in metres also applies. The controlling value depends on the state.
- How factor H works
- The 16 state rules at a glance
- Building at the boundary and exempt structures
- Neighbour law and approval
- Sources and review status
Source: Building codes of the 16 states, individually named in the comparison; checked August 2026
How factor H works
H is not simply storey height. The building code determines which wall and roof parts count. Slopes and roof structures can alter the calculation. A lawn-to-eaves measurement is not enough for reliable planning.
At 0.4 H and a relevant height of 7.50 metres, the calculation gives 3.00 metres. If the statutory minimum is 3 metres, that remains the setback. The area grows with height. A rule such as 0.2 H may apply in a commercial or industrial area, but not automatically to every plot.
Several external walls may overlap on one side of a plot. Corner solutions, angled buildings and different heights therefore require a site plan. The setback must be kept on the land, not merely shown by an approximate dimension chain.
Why the states differ
Differences arise from state law and different approaches to density, fire safety and neighbour protection. Some codes use 0.4 H with a minimum of 3 metres, others set 2.5 metres or a higher factor. Mecklenburg-Vorpommern uses fixed building-class values in certain cases. Niedersachsen contains 0.5 H.
Within a state, commercial and industrial areas, central areas, narrow sides, small homes and ancillary structures may have their own rules. The municipality may set building lines, boundaries or different setbacks through a Bebauungsplan (legally binding local development plan). State law and municipal planning must be read together.
- Building height HWall and roof components under state law
- Factor applied to HMultiplier set by the state
- Minimum depthState minimum and special rules
Source: Building codes of the 16 states, individually named in the comparison; checked August 2026
The 16 state rules at a glance
The table is generated from the state-law records used for this comparison. It shows the documented standard cases, minimum values and variants with their legal basis and source. Several rows for one state do not mean that all variants apply at once; the decisive point is the legal case met by the proposed building.
| 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 |
A special-rule row is not design review. Check the applicable law where older tables, code amendments or new building classes are involved. Metres depend on wall height.
Where the table reaches its limit
The overview does not answer whether a project can obtain approval. The Bebauungsplan, plot boundaries, terrain survey and planned building volume are still needed. Access, parking spaces, utility rights or a fixed building boundary may reduce the usable strip further.
Building at the boundary and exempt structures
Garages, carports, ancillary buildings, retaining walls and fences may be exempt from their own setback area. The exception depends on wall height, length, use, roof form and total boundary length. Before buying, planned ancillary structures and their position must be checked on the site plan.
What buyers should have surveyed
Request the Bebauungsplan, local design by-laws and any Baulasten, public-law building obligations. Check whether an earlier permit remains valid.
Clarify the buildable area before buying. A GrundCheck report places the parcel, planning position and visible public-law information in context for the next stage of review. Check a plot.
Neighbour law and approval
Building setbacks protect neighbours where the applicable building code gives them that effect. A neighbour may demand compliance with a public-law rule rather than relying only on private interference. Consent does not remove every building-law limit.
A neighbour's signature is not always needed if a project meets the statutory requirements. Clarify whether it is meant to create a Baulast (public-law building obligation), a Vereinigungsbaulast combining parcels, or only a private agreement. These instruments have different legal effects.
A practical order for the purchase review
Start with the parcel boundary and planning law. Then establish building class, use and wall height before selecting the building-code factor. The buildability under the development plan and the soil and foundation review belong in the same file.
Where planning law is open, a Bauvoranfrage, preliminary building inquiry, can answer the decisive question. Describe the location, dimensions and building use specifically enough for the setback review.
The boundary and neighbour-law review complements the technical calculation. If markers are missing, instruct a publicly appointed surveyor. The comparison of the Grundbuch and ALKIS helps confirm the identity of the parcel.
For a comparison of acquisition costs, see the state land transfer tax comparison.
Measure again before notarisation. A reliable setback review supports planning. Check a plot.
Further comparisons: land transfer tax across the states, building obligations across the states, road contributions by state and heritage protection by state. Other comparison topics include permit-free building projects and state geoportals.
Sources and review status
The review begins with state building codes, especially provisions on setbacks, boundary construction and privileged ancillary structures. The federal framework also includes § 30 BauGB on the development plan, § 34 BauGB on an unplanned built-up area and § 35 BauGB on the outer area. The owner's right under § 903 BGB does not replace a public-law permit.
Further foundations are neighbour law under § 1004 BGB, the exemption rule in § 31 BauGB and the municipal decision under § 36 BauGB. State sources are in the table; the Bundesministerium für Wohnen explains the national framework.
Stand: August 2026. This does not replace authorised building design. Read next: land transfer tax across the states, tax rates when buying land, building obligations across the states, road contributions by state, heritage protection by state, permit-free projects and state geoportals.