How big can a patio cover be without permission? – Everything you need to know
The dream of a cozy patio roof is at the top of many homeowners’ wish lists. But before the construction work starts, you should find out all about the approval requirements. Not every patio roof can be erected without a building application. Below you can find out all about the legal requirements, neighbors’ rights and possible consequences if the rules are not adhered to.
Building application: Is a permit necessary?
Whether a patio roof can be built without a permit depends on the building regulations of the respective federal state. These stipulate the size or area up to which a canopy is not subject to approval. The following guidelines apply in most federal states:
- Surface area: Patio roofs of up to 30 square meters often do not require approval.
- Depth: A maximum depth of 3 meters must not be exceeded.
- Height: As a rule, the height should not exceed 3 meters.
Please note: These values vary depending on the federal state. In Bavaria and North Rhine-Westphalia, for example, different regulations apply than in Baden-Württemberg or Lower Saxony.
Can the neighbor refuse?
Even if your canopy complies with the legal requirements, neighboring rights play an important role. The minimum distance to the property boundary, which is often 3 meters, is particularly relevant.
If your neighbor objects, for example because the canopy blocks light or the view, this can lead to problems. To avoid disputes, it is advisable to involve the neighbor at an early stage and, in case of doubt, obtain written consent.
What happens if you build without a permit?
Anyone who erects a patio roof requiring approval without a building application risks legal consequences:
- Dismantling: The authorities can demand that the canopy be demolished.
- Fines: Illegal construction can be punished with heavy fines.
- Subsequent approval: It may be possible to apply for retrospective approval, but the costs are often significantly higher than a regular planning application.
Legal consequences of non-compliance with building regulations
The building supervisory authority has far-reaching powers. In addition to demolition orders, there is also the threat of civil action by neighbors. Non-compliance can also affect the increase in value of the property, as unauthorized buildings could become problematic when selling.
Permitted dimensions in the federal states – examples
Here is an overview of the dimensions that do not require approval in some federal states:
- Bavaria: Up to 30 m² surface area, 3 meter depth.
- North Rhine-Westphalia: Up to 25 m² surface area, 3 meter depth.
- Baden-Württemberg: Up to 20 m² area, depending on the size of the property.
- Lower Saxony: Up to 30 m² area, 3 meters high.
Despite these guideline values, you should always take a look at the respective state building regulations or obtain information directly from the responsible authority.
What you should consider – an overview based on examples
An example of a permit-free patio cover could be a slim, 3 x 10 meter model with a polycarbonate covering that is erected within the property boundaries.
A model requiring approval, on the other hand, would be a free-standing canopy with an area of 50 m² and a height of 4 meters, as this would exceed the requirements of many state building regulations.
Conclusion: planning is the be-all and end-all
A patio cover enhances your home, protects you from the weather and creates an oasis of well-being. But before construction begins, you should check the local building regulations, submit a building application if necessary and involve your neighbors. This is the only way to avoid unnecessary conflicts or legal consequences.
If you are unsure whether your building project is subject to approval, we will be happy to support you. Let’s plan your dream roof together – legally compliant and stress-free!
