Space for the car, not for clutter

Garages often contain far more than just the car: bikes, tools, old moving boxes – the perfect storage space, right? Not quite. Anyone who uses their garage for other purposes risks a fine. What is allowed and what is not is explained by Sabine Brandl, a lawyer at ERGO Rechtsschutz Leistungs-GmbH.

The purpose of a garage and the legal framework

Legally speaking, a garage is not a “multi purpose hall”, but a place for parking a vehicle. This is laid down in the building regulations (Landesbauordnungen) of the German federal states. Because vehicles contain fuel and batteries, strict rules on fire safety, ventilation and escape routes apply, particularly to medium sized and large communal garages over 100 square metres. The key priority is safety. The same basic principle applies to small and single garages: they are intended for parking vehicles. Any other use would require a separate planning permission tailored to that purpose. The building and garage regulations of the federal states are not uniform, and often contain only a few additional details on how garages may be used. Court decisions, however, provide some guidance on what is and is not permissible. “As a rule of thumb, the fewer unnecessary items are stored in the garage, the lower the fire risk,” says Sabine Brandl, a lawyer at ERGO Rechtsschutz Leistungs-GmbH. “In larger garage complexes, emergency exits and escape routes must remain completely clear.” If a garage is used not for parking a car, but predominantly as a storage area or hobby room, this can be classed as an unlawful change of use.

Typical permitted uses related to the vehicle

Anything directly connected with the vehicle itself is generally unproblematic. This includes parking cars, motorbikes or mopeds, in line with the approval status and size of the garage. “In practice, storing bicycles alongside a car is usually not an issue,” says Brandl. In communal garages, however, bicycles must not block access roads, driving lanes or escape routes. It is also typically permitted to store vehicle related accessories such as an extra set of tyres, wheel rims, bike racks, roof boxes or child seats. Minor maintenance on your own vehicle, such as changing a tyre or topping up oil, is generally allowed as long as it doesn’t amount to in effect running a commercial workshop and any operating fluids are disposed of correctly. How much fuel may be kept in a garage usually depends on its floor area: in large and medium sized communal garages, fuel may not be stored outside the tank at all, or only in “insignificant quantities”. In small garages up to 100 square metres, up to 200 litres of diesel and 20 litres of petrol in canisters are often permitted. The latter, for example, is the case in Bavaria and Hamburg.

Using the garage as an “extended cellar” – what is still acceptable?

So what else is allowed to stay in the garage? “The use for vehicles must clearly take priority,” explains the ERGO expert. Individual everyday household items, such as a slim shelving unit with tools, are often tolerated as long as the car can still be parked comfortably and driven in and out without difficulty. Non flammable materials in small quantities are generally unproblematic. More detailed rules on permitted use may also be set out in the tenancy or usage agreement. Many landlords and residential owners’ associations explicitly allow only the parking of vehicles. Any additional storage should therefore only take place, if at all, within the scope of such agreements. Otherwise, it may constitute a breach of the tenancy agreement or the community rules of the owners’ association.

Prohibited uses

In short, problems arise whenever there is no longer room for the car because the garage has turned into a dumping ground. Anyone who permanently stores furniture, stacks of moving boxes or all their sports equipment in the garage is on shaky legal ground. Commercial use is generally also prohibited if there is no corresponding planning permission – for example, operating an improvised workshop, goods store or showroom. Holding a business licence does not change the fact that such use is unlawful. “Authorities and insurers are particularly sensitive when it comes to storing readily flammable or hazardous substances such as larger quantities of petrol or diesel, paints, varnishes, solvents or gas cylinders,” warns Brandl. These can significantly breach the fire safety requirements of the garage regulations. Also not permitted: converting the garage into living space, an office or a party room. Such uses no longer fall under the approved purpose and conflict with building and land use regulations. Put simply: the fuller the garage becomes and the more the vehicle is pushed into the background or disappears altogether, the more likely it is that authorities and courts will view this as an unlawful change of use.

Possible consequences of breaches

Anyone who uses their garage in breach of the rules must expect various consequences. The competent building control authority can order that the improper use be stopped and the original condition restored if the garage is no longer serving its intended purpose. In addition, fines may be imposed for breaches of garage or building regulations. “Under tenancy law, landlords or owners’ associations can issue warnings and, in the event of repeated violations, consider termination of the tenancy or bringing a claim for an injunction if contractual rules on use are ignored,” explains the ERGO expert.

Impact on insurance cover

If damage occurs – for example, in the event of a fire or explosion – grossly negligent or deliberate misuse of the garage can also affect insurance cover. If the cause of the fire and the extent of the damage can be traced back to the prohibited storage of flammable materials, this may be treated as an increase in risk or a breach of contractual duties, which can complicate claims handling or lead to reductions in payouts. “Anyone who uses their garage in line with building regulations, garage regulations and contractual provisions is on the safe side legally and also reduces the risk in the event of a loss,” Brandl concludes. That way, the garage remains what it is meant to be in law: a safe place for the vehicle and its accessories – not a general purpose storage area for everything that no longer fits in the home.