Popular allotment gardens: You have to wait as long!

Popular allotment gardens: You have to wait as long!

The popularity of allotment gardens in German cities remains unbroken. According to the Federal Association of Kleingartenvereine Deutschlands e.V. (BKD), the average waiting time for an allotment garden is three years. The cultivation in the allotment garden is not only a leisure activity, but also offers an important space for your own use of fresh garden products.

The prerequisites for leasing a allotment garden are clearly defined. In order to lease a garden, interested members have to become an allotment garden association and sign a lease. The specific rights and obligations are determined in the association statute. This includes rest periods, which are often sufficient from 1 p.m. to 3 p.m., as well as regulations for the use of the garden that are firmly anchored in the Federal Akmalle Garden Act (BKleingG) and in the regional allotments.

legal framework and possible uses

According to § 1 BKleingGG, the use of the parcel is only permitted for the cultivation of garden products for personal needs and recovery. This means that the allotment use of recovery serves and is not intended for the acquisition. A third of the area of ​​a allotment garden, which may be a maximum of 400 m², must be used to plant fruit and vegetables. Other areas can be designed for ornamental plants or used as garden paths.

The regulations on hedge height and planting vary depending on the association. In many cases, hedges with a maximum height of 1.20 to 1.25 meters are permitted, at external borders up to 2 meters. Even large or wide trees such as oaks are often prohibited in many systems, while keeping animals such as bees, rabbits and chickens is often allowed as long as they do not restrict the use of the garden.

gazebo and other regulations

The gazebo plays a central role in the allotment garden. This may include a maximum of 24 square meters of base area, whereby additional structural elements such as terrace or outdoor seating do not flow into the calculation. A general claim to the equipment for permanent living, such as heating systems or kitchens, is not permitted. Only occasional overnight stays in the allotment garden is usually allowed.

The regulations for equipment and additional buildings are often listed in the statutes of the clubs and communities. These statutes are central instruments to promote a harmonious coexistence of the neighbors. Numerous examples from the case law show how important these common relationships are, which illustrate that regulations are also enforced in allotment law.

lease and termination

Allotment gardens are usually awarded by a lease agreement, not rented. The lease conditions are designed for an indefinite period. The average lease costs are between 300 and 400 euros per year. However, it should be noted that a written termination is necessary if there is a lease delay or a breach of duty.

There are also concise judgments that clarify important legal questions in the allotment garden and allotment garden. The Higher Regional Court of Naumburg decided that the termination of a lease was justified when a tenant established a family home because this contradicted the regulations. Another example concerns the payment of fees in which the Federal Court of Justice decided in favor of the plaintiff and made it clear that the interpretation of the garden is not permitted as a "residential garden".

Overall, it can be stated that the complexity of legal questions on allotment gardens and the associated regulations requires solid knowledge of applicable law. This knowledge is crucial in order to successfully navigate the often inevitable legal disputes about allotment gardens, since the demand for allotments exceeds the available number and thus increased competitive pressure. The diverse legal framework and individual statutes of the allotment garden associations shape the use and preservation of these small green oases in the cities in Germany.