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Agricultural privilege - what does that mean?

The so-called agricultural privilege is a central concept in German building planning law. It plays a particularly important role when farmers outside of towns—i.e., in areas outside the scope of building regulations (Section 35 of the German Building Code (BauGB)) —wish to build or construct/expand facilities. It is intended to ensure that agriculture can continue to be practiced economically despite restrictive building regulations.

Legal basis

Agricultural privileges are regulated in Section 35 of the German Building Code (BauGB). As a general rule, construction projects in rural areas are only permitted if they do not conflict with public interests and if development is guaranteed. However, exceptions apply to farmers, as their activities serve the purpose of "proper agricultural land use."

Which projects are given priority?

The following are particularly privileged:

  • Residential buildings belonging to farmers, if they serve an agricultural business and are spatially connected to the business,
  • Farm buildings and facilities that are directly used for agricultural purposes (e.g., stables, barns, machine sheds, silos),
  • Animal husbandry facilities, insofar as they serve the species-appropriate and economical animal husbandry of an existing farm.

However, horse boarding facilities, halls for recreational or sporting purposes, and commercial enterprises that have no functional connection to agricultural land use and do not qualify as agricultural enterprises within the meaning of the Building Code due to insufficient land area are not privileged.

Requirements for privileged status

For a construction project to be considered privileged, several criteria must be met:

  1. Agricultural operation in the legal sense exists : The project must serve agricultural land use or significantly promote it.
  2. Operational necessity: The construction project must be necessary for the specific operation.
  3. Permanent intention to farm: The farm must be run sustainably and not just exist on paper.
  4. No adverse effect on public interests: For example, the landscape, nature conservation, or the neighborhood must not be unreasonably affected.

 

Advantages of privilege

Agricultural privileges allow farmers to build in rural areas without the need for a development plan or urban land-use planning. This facilitates:

  • the expansion or modernization of agricultural businesses,
  • the construction of residential buildings for plant managers and their families,
  • Adaptation to modern production methods (e.g., new stable technology, storage capacities).

Limits and challenges

Despite the privileged status, each project is subject to individual review by the building inspectorate. Frequent points of contention are:

  • the question of whether it really is an agricultural business within the meaning of the BauGB (German Federal Building Code),
  • the distinction between agriculture and commercial animal husbandry,
  • the protection of nature and the landscape, especially in landscape conservation areas or water protection areas.

Conclusion

Agricultural privileges are intended to enable farmers to continue developing their businesses outside of towns and villages. They are an important tool for ensuring the viability of agriculture and strengthening the supply of regional food products. Nevertheless, they remain subject to clear legal conditions. It is therefore always advisable to consult with the relevant building and agricultural authorities at an early stage.

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