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Do You Need Planning Permission for a Shipping Container in Germany?

Why a container on your land usually counts as a building, and the permit-free size limit in each of the 16 German states, with the statute section.

Updated

Short answer: a shipping container that stays on a plot of land is, in German building law, normally a structure (bauliche Anlage), and because you can walk into it, a building (Gebäude). Whether it needs a building permit (Baugenehmigung, the German equivalent of planning permission and building control combined) depends on the building code of the state it stands in. Each of the 16 states has its own Landesbauordnung, and each exempts small buildings up to a limit, but the limits are far apart: from 10 m² of floor area in Berlin to 75 m³ of gross volume in Bavaria, Saxony or North Rhine-Westphalia.

We read the current thresholds in the official law portals of all 16 states in September 2026 and give the section for each. The binding answer, however, comes only from your local building authority (Bauamt or untere Bauaufsichtsbehörde). A container that needs no permit still has to comply with the development plan, boundary distances and every other rule.

Why a container counts as a building

The state codes define a structure as something made from construction products and connected to the ground. The part that matters for containers: a connection to the ground also exists when the structure rests on the ground under its own weight or is intended by its use to stay predominantly in one place. That is the wording of § 2(1) BauO NRW and § 2(1) LBO Baden-Württemberg; Art. 2(1) BayBO in Bavaria likewise treats anything intended to stay predominantly in one place as a structure. A container does not have to be bolted down or set in concrete to fall under building law.

Because people can walk into it, a storage container is also a building: buildings are "independently usable, roofed structures that people can enter" (Art. 2(2) BayBO). So the size limits for buildings apply, not the ones for tanks or equipment. That the box was built as transport equipment is irrelevant. What counts is how it is used: as a long-term store, a workshop or a garden shed.

Site containers versus permanent placement

All 16 state codes name site facilities (Baustelleneinrichtungen) as exempt from any procedure, for example Art. 57(1) no. 13(a) BayBO and § 62(1) no. 13(a) BauO NRW, which expressly include storage sheds, shelters and accommodation. A material or site-office container that stands on a construction site for the duration of the works is covered by this in almost every case.

That exemption is tied to the construction site. If the container stays behind after the works as a garden store, workshop or company store, it is a new, permanent placement and is assessed under the rules for buildings.

A container standing on the public road, for instance in front of the house, is not a building-law question but a special use of the road. It needs a permit, usually from the town or municipality.

What triggers the need for a permit

  • Size. If the container exceeds the limit of your state (gross volume or floor area, see the state sections below), it is no longer exempt.
  • Use. Most exemptions apply only to buildings without habitable rooms (Aufenthaltsräume), toilets or fireplaces. Habitable rooms are rooms "intended or suitable for people to stay in for more than a short time" (Art. 2(5) BayBO). A container used as an office, hobby room or guest room therefore loses the exemption almost everywhere. Many states also exclude sales and display use.
  • Location. In the outer zone (Außenbereich, § 35 BauGB), which is land outside development plans and outside built-up areas, the limits are much smaller or do not apply at all. Non-privileged projects there are only allowed in individual cases where they do not impair public interests (§ 35(2) BauGB).
  • Garage use. A container used to park a car or motorbike falls under separate garage rules: usually up to 50 m² and around 3 m wall height, not in the outer zone (60 m² in Lower Saxony and Thuringia, 36 m² in Saarland).

Exempt does not mean unregulated

No permit procedure does not release you from the rules themselves. Several codes say so expressly, for example Art. 55(2) BayBO, § 50(5) LBO Baden-Württemberg and § 61(1) BbgBO. The authority can still act against a permit-free container that breaks the development plan or the boundary rules, up to ordering it removed or its use stopped (for example § 80 SächsBO).

Development plan (Bebauungsplan). It can set building lines and rules for ancillary structures and design. Outside the buildable area, ancillary structures can only be allowed if the plan does not say otherwise (§ 23(5) BauNVO). Local design by-laws may add requirements on colour or cladding.

Distance to the boundary (Abstandsflächen). Buildings normally keep a clear distance from the plot boundary; in Bavaria generally 0.4 H, at least 3 m (Art. 6(5) BayBO). Small outbuildings without habitable rooms may stand at or near the boundary in most states, but within tight limits. Bavaria: average wall height up to 3 m, 9 m per boundary, 15 m in total (Art. 6(7) BayBO). Baden-Württemberg: wall height up to 3 m, wall area up to 25 m², 9 m per boundary, 15 m in total (§ 6(1) no. 2 LBO). North Rhine-Westphalia: only buildings up to 30 m³ without habitable rooms, or garages, 3 m average wall height, 9 m per boundary and 18 m in total (§ 6(8) BauO NRW).

For containers this means: a standard unit is 2 591 mm high and stays under 3 m on a low foundation, while a high cube (2 896 mm) on raised supports can go over it. A 20ft container (6 058 mm) fits the 9 m length rule, a 40ft container (12 192 mm) does not. The long side of a 20ft box is about 15.7 m² of wall, that of a 40ft box about 31.6 m².

Which container size fits under which limit

The state limits are set either as gross volume (Brutto-Rauminhalt, m³) or as floor area (m²). Calculated from ISO external dimensions, the common sizes come out as follows. Treat these as guide figures; the authority may measure differently.

  • 10ft (2 991 × 2 438 × 2 591 mm): 7.3 m² floor area, 18.9 m³ gross volume
  • 20ft (6 058 × 2 438 × 2 591 mm): 14.8 m², 38.3 m³
  • 20ft high cube (2 896 mm high): 14.8 m², 42.8 m³
  • 40ft (12 192 × 2 438 × 2 591 mm): 29.7 m², 77.0 m³
  • 40ft high cube (2 896 mm high): 29.7 m², 86.1 m³

The resulting rule of thumb for built-up areas, assuming a pure store without habitable rooms: a 10ft container is under the limit in all 16 states. A 20ft container is under it in Baden-Württemberg, Bavaria, Brandenburg, Mecklenburg-Western Pomerania, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony and Thuringia, but not in Berlin, Bremen, Hamburg, Hesse, Saxony-Anhalt or Schleswig-Holstein. A 40ft container is under the limit only in Mecklenburg-Western Pomerania, and by a very small margin in Thuringia.

In the outer zone the only room for containers is in Bavaria and Baden-Württemberg (up to 20 m³, so a 10ft unit) and Lower Saxony (up to 40 m³, so also a 20ft unit). The states follow in German alphabetical order.

Baden-Württemberg (LBO)

Exempt under § 50(1) with Annex 1 no. 1(a) LBO: buildings without habitable rooms, toilets or fireplaces, not used for sales or display, up to 40 m³ gross volume in built-up areas and up to 20 m³ in the outer zone (consolidated version of 16 March 2026).

A 10ft container (18.9 m³) is under both limits, a 20ft container (38.3 m³) only in built-up areas, and a 20ft high cube (42.8 m³) is already over. Statute: LBO Baden-Württemberg.

Bavaria / Bayern (BayBO)

Under Art. 57(1) no. 1(a) BayBO, buildings up to 75 m³ gross volume are exempt, except in the outer zone. In the outer zone the exemption covers only buildings without habitable rooms, toilets or fireplaces, not used for sales or display, and only up to 20 m³.

In built-up areas 10ft, 20ft and 20ft high cube containers are under the limit; a 40ft container (77.0 m³) is just over. In the outer zone only the 10ft unit (18.9 m³) remains. Statute: BayBO Art. 57.

Berlin (BauO Bln)

§ 61(1) no. 1(a) BauO Bln exempts only single-storey buildings up to 10 m² gross floor area, not in the outer zone. There is no volume-based limit.

Of the common sizes only a 10ft container (7.3 m²) fits. A 20ft container (14.8 m²) is no longer exempt unless the authority treats it as a garage under § 61(1) no. 1(b) (up to 50 m² gross floor area, average wall height up to 3 m, not in the outer zone). Clarify that before you buy. Statute: BauO Bln.

Brandenburg (BbgBO)

§ 61(2) no. 1(a) BbgBO: buildings without habitable rooms, toilets or fireplaces up to 75 m³ gross volume that are not in the outer zone. Garages, stables and buildings used for sales or display are excluded.

10ft and 20ft containers, high cubes included, are under the limit; a 40ft container is not. Note that an act of 29 June 2026 amends §§ 59 to 64 with effect from 1 January 2027, so check the new wording if you place the container after that date. Statute: BbgBO.

Bremen (BremLBO)

§ 61(1) no. 1(a) BremLBO: single-storey buildings, commercial use included, up to 10 m² gross floor area, garden tool sheds up to 12 m², in each case not in the outer zone.

Only a 10ft container (7.3 m²) is exempt; a 20ft container (14.8 m²) is well over. Statute: Bremische Landesbauordnung.

Hamburg (HBauO)

Hamburg lists exemptions in the annex to § 61 HBauO. Section I no. 1(a) exempts one single-storey building without habitable rooms up to 30 m³ gross volume per associated main building, not in the outer zone.

Hamburg also names containers explicitly (no. 15): exempt are staff containers in the port area and in designated commercial and industrial zones, sleeping and office containers stacked up to two high on construction sites, and fixed containers storing substances that are not hazardous to water, in the port area, on construction sites and on areas approved for this. On a residential plot the 30 m³ limit applies instead: a 10ft container (18.9 m³) fits, a 20ft container (38.3 m³) does not. Statute: HBauO.

Hesse / Hessen (HBO)

Hesse lists permit-free projects in the annex to § 63 HBO. Under section I no. 1.1, buildings without habitable rooms, toilets or fireplaces up to 30 m³ gross volume are exempt if they are not used for sales or display.

A 10ft container (18.9 m³) is covered, a 20ft container (38.3 m³) is not. No. 1.1 sets no separate figure for the outer zone, but § 35 BauGB still applies there. Statute: HBO.

Mecklenburg-Western Pomerania / Mecklenburg-Vorpommern (LBauO M-V)

§ 61(1) no. 1 LBauO M-V has two relevant items: (a) single-storey buildings up to 10 m² gross floor area, and (b) buildings without habitable rooms and fireplaces with an average wall height up to 3 m and up to 40 m² gross floor area, both not in the outer zone.

Item (b) is generous for containers: a 20ft (14.8 m²) and even a 40ft container (29.7 m²) stay under 40 m², and standard units at 2 591 mm stay under 3 m. With high cubes (2 896 mm) on raised supports the wall height gets tight. Statute: LBauO M-V.

Lower Saxony / Niedersachsen (NBauO)

Exempt under § 60(1) with annex no. 1.1 NBauO: buildings without habitable rooms, toilets and fireplaces up to 75 m³ gross volume, up to 40 m³ in the outer zone, provided they are not used for sales, display or parking motor vehicles.

That makes Lower Saxony the only state where a 20ft container (38.3 m³) is under the limit even in the outer zone; a 20ft high cube (42.8 m³) is not. Parking a car or motorbike takes the container out of no. 1.1 and into the garage rule, no. 1.2 (up to 60 m² floor area and 3 m height, not in the outer zone). A version taking effect on 1 July 2027 is already published in the state portal. Statute: NBauO annex.

North Rhine-Westphalia / Nordrhein-Westfalen (BauO NRW)

§ 62(1) no. 1(a) BauO NRW 2018 (version in force from 1 September 2026): buildings up to 75 m³ gross volume without habitable rooms, stables, toilets or fireplaces. In the outer zone this applies only if the building serves a farm or forestry business and is not used for sales or display.

10ft and 20ft containers are therefore exempt in built-up areas; a 40ft container (77.0 m³) is not. Watch the boundary: only buildings up to 30 m³ without habitable rooms, and garages, may stand without their own clear distance (§ 6(8)). A 20ft storage container (38.3 m³) needs no permit, but cannot simply go right up to the boundary. Statute: BauO NRW 2018.

Rhineland-Palatinate / Rheinland-Pfalz (LBauO)

§ 62(1) no. 1(a) LBauO: buildings without habitable rooms, toilets or fireplaces up to 50 m³, in the outer zone up to 10 m³ enclosed space. Excluded are listed monuments, buildings in the surroundings of cultural or natural monuments, garages, and sales and display stands.

In built-up areas 10ft, 20ft and 20ft high cube (42.8 m³) containers fit; in the outer zone even a 10ft unit (18.9 m³) is over. The monument exclusion also reaches plots next to a monument. Statute: LBauO Rheinland-Pfalz.

Saarland (LBO)

§ 61(1) no. 1(a) LBO: single-storey buildings up to 75 m³ gross volume, not in the outer zone. Unlike many states, this item does not limit the exemption to buildings without habitable rooms, though the technical requirements for habitable rooms still apply if you use it that way.

Everything up to a 20ft high cube is under the limit; a 40ft container (77.0 m³) is just over. Statute: LBO Saarland.

Saxony / Sachsen (SächsBO)

§ 61(1) no. 1(a) SächsBO: buildings up to 75 m³ gross volume, not in the outer zone.

As in Saarland, 10ft, 20ft and 20ft high cube containers are under the limit and a 40ft container (77.0 m³) is just over. Garages including covered parking spaces are exempt separately up to 50 m² gross floor area per plot and 3 m average wall height (item b). Statute: SächsBO.

Saxony-Anhalt / Sachsen-Anhalt (BauO LSA)

§ 60(1) no. 1(a) BauO LSA: single-storey buildings up to 10 m² floor area, not in the outer zone.

Only a 10ft container (7.3 m²) is exempt. Garages including covered parking spaces are exempt up to 50 m² floor area and 3 m average wall height (item b), not in the outer zone. Statute: BauO LSA.

Schleswig-Holstein (LBO)

§ 61(1) no. 1(a) LBO: buildings without habitable rooms, toilets and fireplaces, except garages and sales or display stands, up to 30 m³ gross volume, up to 10 m³ in the outer zone.

In built-up areas a 10ft container (18.9 m³) fits, a 20ft container (38.3 m³) does not. In the outer zone no common container size is exempt. Statute: LBO Schleswig-Holstein.

Thuringia / Thüringen (ThürBO)

§ 63(1) no. 1(a) ThürBO: single-storey buildings up to 30 m² floor area, not in the outer zone.

A 20ft container (14.8 m²) is clearly under the limit. A 40ft container works out at 29.7 m², so close to the line that you should agree the assessment with the authority before buying. Garages and bicycle sheds are exempt up to 60 m² floor area and 3 m average wall height (item b), not in the outer zone. Statute: ThürBO.

Checklist before you buy

  • Location: is the plot covered by a development plan, inside a built-up area or in the outer zone? The municipality can tell you, and many development plans are online.
  • Development plan and by-laws: building lines, rules on ancillary structures, design or conservation by-laws.
  • Use: a pure store with no habitable room, or a workshop with a workplace, an office or a hobby room? The exemption depends on it. If you plan to convert later, clarify it now.
  • Dimensions: check gross volume or floor area against your state limit using the external dimensions, and at the boundary check wall height including the foundation and the length along the boundary.
  • Distance to the boundary: place the container so that it either keeps the full clear distance or meets the limits for boundary buildings in your state.
  • Neighbours: tell them early. A lawful container can still cause a dispute, and neighbours can ask the authority to enforce neighbour-protecting rules such as boundary distances.
  • Listed buildings: if the plot is in a conservation area or next to a listed building, a separate heritage consent may be needed. Rhineland-Palatinate expressly excludes buildings near monuments from the exemption.
  • Foundation and access: a level, load-bearing surface with supports under the corner castings, and access for the delivery vehicle. See container foundations.
  • When in doubt, ask in writing: a preliminary enquiry (Bauvoranfrage) gives you a written decision on individual questions before you commit, for example the Bauvorbescheid under § 57 LBO Baden-Württemberg.

Choosing and ordering the container

Once you know which size your plot allows, we supply storage containers, 10ft containers and 20ft containers delivered to your address in Germany. Prices are quoted as delivered prices on request. For fitting out a container as a store, garage or workshop, see using a container as storage, garage or workshop.

Disclaimer

This guide is general information, not legal advice. We checked the provisions named above in the official state law portals in September 2026. Building codes are amended regularly, and development plans or by-laws can be stricter. Only your local building authority can give a binding answer for your plot.

Frequently asked questions

Do I need planning permission for a shipping container in my garden in Germany?
Not always. A container that stays in the garden counts as a building, but every state exempts small buildings without habitable rooms up to a limit. A 10ft container is under that limit in built-up areas in all 16 states; a 20ft container is under it in ten states, not in Berlin, Bremen, Hamburg, Hesse, Saxony-Anhalt or Schleswig-Holstein. The development plan and boundary rules still apply.
Does a container need a foundation to count as a building?
No. The state codes treat a structure as connected to the ground when it rests there under its own weight or is intended to stay in one place (for example § 2(1) BauO NRW). A container placed on sleepers or directly on gravel counts just as much as one on concrete footings.
How big can a container be without a building permit?
It depends on the state: 10 m² floor area in Berlin, Bremen and Saxony-Anhalt; 30 m³ in Hamburg, Hesse and Schleswig-Holstein; 30 m² in Thuringia; 40 m³ in Baden-Württemberg; 40 m² in Mecklenburg-Western Pomerania; 50 m³ in Rhineland-Palatinate; 75 m³ in Bavaria, Brandenburg, Lower Saxony, North Rhine-Westphalia, Saarland and Saxony. Most of these apply only in built-up areas and only without habitable rooms.
Can I put a container right on the property boundary?
Only within the boundary-building limits of your state. Typical rules allow outbuildings without habitable rooms up to about 3 m wall height and 9 m length per boundary. In North Rhine-Westphalia only buildings up to 30 m³ (or garages) qualify, so a 20ft container at 38.3 m³ cannot simply go on the boundary there.
Do site containers on a construction site need a permit?
No. All 16 state building codes list site facilities as exempt. The exemption ends with the construction work: a container that stays afterwards as a permanent store is assessed like any other building.
What happens if I put up a container without the required permission?
The building authority can prohibit its use or order it removed if lawful conditions cannot be achieved another way (for example § 80 SächsBO). Checking the rules before delivery is far cheaper than moving a container twice.
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