Federal Allotment Garden Act

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Federal Allotment Garden Act (BKleingG) BKleingG
Date of issue: 28.02.1983
Full quote:
“Federal Allotment Garden Act of 28 February 1983 (Federal Law Gazette I p. 210), last amended by Article 11 of the Act of 19 September 2006 (Federal Law Gazette I p. 2146)”
Status:
footnote
Last amended by Art. 11 G of 19.9.2006 I 2146
(+++ Text reference from: 1.4.1983 +++)
(+++ Changes due to Unification Treaty see § 20a +++)
Input formula
The Bundestag, with the consent of the Bundesrat, has passed the following law:
First section
General provisions
§ 1 Definitions
(1) An allotment garden is a garden which
1.
the user (allotment gardener) for non-commercial horticultural use, in particular for the production
of horticultural products for personal use and for recreation (allotment gardening) and
2.
is located in a complex in which several individual gardens with communal facilities, for example
Paths, play areas and clubhouses are grouped together (allotment gardens).
(2) No allotment garden is
1.
a garden which fulfils the conditions of paragraph 1 but is used by the owner or a
his household members within the meaning of Section 18 of the Housing Promotion Act
(owner’s garden);
2.
3.
4.
5.
a garden belonging to a person entitled to use a dwelling in connection with the dwelling
is left (apartment garden);
a garden provided to an employee in connection with the employment contract
(Employee garden);
a plot of land on which only certain horticultural products may be grown by contract;
a piece of land that may only be planted with annual plants by contract (graveland).
(3) A permanent allotment garden is an allotment garden on an area designated in the development plan for permanent allotments
is set.
§ 2 Non-profit allotment gardening
An allotment gardeners’ organisation is recognised as a non-profit organisation by the relevant state authority if it
is registered in the register of associations, is subject to regular audits by the management and if the
The statute stipulates that
1.
the organization exclusively or predominantly promotes allotment gardening and the professional
The aim is to support its members - Page 1 of 7
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2.
3.
income generated is used for allotment gardening purposes and
upon dissolution of the organization whose assets are used for allotment gardening purposes.
§ 3 Allotment gardens and garden sheds
(1) An allotment garden shall not be larger than 400 square metres. The interests of environmental protection,
Nature conservation and landscape management should be taken into account in the use and management of the allotment garden.
be taken into account.
(2) In the allotment garden, a simple shed with a maximum floor area of 24 square metres
including a covered outdoor seating area; Sections 29 to 36 of the Building Code remain unaffected.
due to their nature, in particular their equipment and furnishings, are not suitable for permanent living
be suitable.
(3) Paragraphs 1 and 2 shall apply mutatis mutandis to owner-occupied gardens.
Second section
Allotment garden leases
§ 4 Allotment garden leases
(1) The provisions of the Civil Code on lease agreements shall apply to allotment garden leases,
unless otherwise provided in this Act.
(2) Unless otherwise provided, the provisions on allotment garden leases shall also apply to
Lease agreements for land for the purpose of leasing the land on the basis of individual allotment garden lease agreements
An interim lease agreement that is not concluded with a non-profit organization
recognized allotment gardeners’ organization or the municipality is void.
Contract for the transfer of the management of an allotment garden, which is not concluded with a person referred to in sentence 2
allotment gardeners' organization is closed.
(3) If public interests so require, in particular if the proper management
or use of the allotment gardens or the allotment garden complex is no longer guaranteed, the lessor has the
To transfer the administration of the allotment garden to an allotment gardeners’ organisation referred to in paragraph 2, sentence 2.
§ 5 Lease
(1) The rent may not exceed four times the local rent for commercial fruit
and vegetable cultivation, based on the total area of the allotment garden.
The areas allocated to communal facilities are taken into account when determining the rent for the
each allotment garden is taken into account proportionally. If the local rental amounts are within the commercial
Fruit and vegetable cultivation is not available, the corresponding rent in a comparable municipality is
The local custom in commercial fruit and vegetable cultivation is the
Average rent paid by the municipality.
(2) At the request of a contracting party, the expert committee established under Section 192 of the Building Code
to provide an expert opinion on the local rent for commercial fruit and vegetable cultivation.
The authorities responsible for the notification of land leases shall, at the request of the Expert Committee,
To provide information on the local rent for commercial fruit and vegetable cultivation.
anonymizable data within the meaning of the Federal Data Protection Act is not available, the lease in the
commercial fruit and vegetable cultivation in a comparable municipality as a basis for assessment
to be used.
(3) If the agreed rent is lower or higher than the rent resulting from paragraphs 1 and 2
Maximum rent, the respective contracting party may declare to the other contracting party in writing that the
Rent is increased or reduced up to the maximum rent. Based on the declaration, from the first
days of the payment period following the declaration to the higher or lower rent. The
Contracting parties may make the adjustment at the earliest after three years from the conclusion of the contract or the
In the event of a declaration by the lessor regarding a rent increase,
the lessee is entitled to terminate the lease no later than the 15th working day of the payment period from which the
rent is to be charged, for the end of the next calendar month. If the lessee terminates,
an increase in rent is not allowed.- Page 2 of 7
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(4) The lessor may claim compensation for expenses incurred by him for the allotment garden, in particular for
Land improvements, paths, fences and parking spaces, to the extent that the
Expenses not covered by services provided by allotment gardeners or their organisations or by grants from
have been covered by public budgets and to the extent that they are customary in the context of allotment gardening
The reimbursement obligation of an allotment gardener is limited to the part of the reimbursable expenses
which corresponds to the area ratio between his allotment and the allotment garden; which is based on the
The areas allocated to communal facilities are allocated proportionately to the allotment area.
The lessee is entitled to pay the reimbursement amount in installments equal to the rent at the same time as the rent.
pay.
(5) The lessor may demand reimbursement from the lessee of the public charges imposed on the
allotment plot. Paragraph 4, sentence 2 shall apply accordingly. The tenant is entitled to
Reimbursement of a one-off levy in partial payments, up to a maximum of five annual payments, to
pay.
§ 6 Term of the contract
Allotment garden leases for permanent allotments can only be concluded for an indefinite period;
Fixed-term contracts are deemed to be concluded for an indefinite period.
§ 7 Written form of termination
Termination of the allotment garden lease agreement must be in writing.
§ 8 Termination without notice
The lessor may terminate the allotment garden lease agreement without observing a period of notice if
1.
the lessee is in arrears with the payment of the rent for at least three months and has not paid the rent within
within two months of a written reminder, the due rent claim is met or
2.
the tenant or persons tolerated by him on the allotment plot cause such serious
commit breaches of duty, especially the peace in the allotment community so lastingly
disturbing that the lessor cannot be expected to continue the contractual relationship.
§ 9 Ordinary termination
(1) The lessor may terminate the allotment garden lease if
1.
the lessee, despite a written warning from the lessor, does not
continues to use the allotment garden or other obligations that affect the use of the allotment
concerning, not insignificantly violated, in particular the arbor used for permanent living, the
transfers the property to a third party without authorization, does not remedy significant management deficiencies within
within a reasonable period of time or provides monetary or other community services for the
Allotment garden refused;
2.
3.
4.
5.
the termination of the lease is necessary in order to reorganise the allotment garden,
in particular to limit allotment gardens to the size provided for in Section 3 Paragraph 1, to
improve or build playgrounds or parking spaces;
the owner himself or one of his household members within the meaning of Section 18 of the
Housing Promotion Act wants to use a garden for allotment gardening and provides it with other suitable
Garden land is not available; the garden is designed taking into account the interests of allotment gardeners
to select;
planning law permits a use other than allotment gardening and the owner has
Continuation of the lease is prevented from any other economic exploitation and thereby
would suffer significant disadvantages;
the land area used as an allotment garden shall be allocated to the other land area specified in the development plan
used or is to be prepared for such use as soon as possible; termination is also possible before
The development plan is legally binding if the municipality approves its preparation, amendment or
addition, according to the current state of planning work, it can be assumed that the intended
other use is determined, and urgent reasons of public interest require the preparation or
require the realization of the other use before the development plan becomes legally binding, or- Page 3 of 7
6.
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the area of land used as an allotment garden
a)
after the planning approval for the specified use has been completed or
b)
for the purposes of Section 1 Paragraph 1 of the Land Procurement Act as published in Part III of the Federal Law Gazette,
Section number 54-3, published revised version, last amended by Section 33 of the Act
of 20 December 1976 (Federal Law Gazette I p. 3574),
is needed immediately.
(2) Termination shall only be permissible for 30 November of a year; it must be given no later than
1.
in the cases referred to in paragraph 1 no. 1 on the third working day in August,
2.
in the cases of paragraph 1 numbers 2 to 6 on the third working day in February
of this year. If urgent reasons prevent the early use of the allotment garden area
require, in the cases of paragraph 1 numbers 5 and 6, notice of termination must be given no later than the third working day of a
calendar month for the expiry of the next month.
(3) If the allotment garden lease agreement has been entered into for a specific period, termination shall be in accordance with paragraph 1 no. 3 or
4 inadmissible.
§ 10 Termination of interim leases
(1) The lessor may also terminate an interim lease if
1.
the intermediate tenant breaches obligations within the meaning of Section 8 No. 2 or Section 9 Paragraph 1 No. 1 regardless of
tolerates the lessor’s warning or
2.
the intermediate tenant is deprived of the allotment gardening community benefit status.
(2) By a termination according to § 9 paragraph 1 numbers 3 to 6, which only concerns parts of the allotment garden, the
Interim lease agreement limited to the remaining parts of the allotment garden.
(3) If an interim lease agreement is terminated by notice of termination by the lessor, the lessor shall enter into the
Contracts between the sub-tenant and the allotment gardeners.
§ 11 Termination compensation
(1) If an allotment garden lease agreement is terminated in accordance with Section 9, Paragraph 1, Nos. 2 to 6, the lessee shall be entitled to
appropriate compensation for the plantations he has brought in or taken over for a fee
and facilities, as far as these are customary in the context of allotment gardening. As far as rules for the
Assessment of plantations and facilities established by the states or by an allotment gardeners’ organisation
have been decided and approved by the competent authority, these must be taken into account when determining the amount
In the case of termination pursuant to Section 9 Paragraph 1 No. 5 or 6, the
the principles applicable to expropriation compensation must be observed.
(2) The lessor is obliged to pay compensation if the contract is terminated in accordance with Section 9 (1) Nos. 2 to 4
In the case of termination pursuant to Section 9 Paragraph 1 No. 5 or 6, the person who terminated the contract is liable for compensation.
takes up an area used as an allotment garden.
(3) The claim shall be due as soon as the lease agreement has ended and the allotment garden has been vacated.
§ 12 Termination of the allotment garden lease upon the death of the allotment holder
(1) If the allotment holder dies, the allotment lease agreement shall end at the end of the calendar month following the
Death of the allotment gardener follows.
(2) A lease agreement for an allotment garden concluded jointly by spouses or life partners
Upon the death of a spouse or civil partner, the estate is divided between the surviving spouse or civil partner
If the surviving spouse or partner declares within one month of the death in
If the lessor informs the lessor in writing that he does not wish to continue the allotment garden lease, paragraph 1 applies.
accordingly.
(3) In the case of paragraph 2 sentence 1, Section 563b paragraphs 1 and 2 shall apply to liability and the offsetting of
paid rent accordingly.- Page 4 of 7
footnote
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Italics: Should correctly read “Section 563b Paragraphs 1 and 2 of the German Civil Code”
§ 13 Deviating agreements
Agreements which deviate from the provisions of this section to the detriment of the lessee,
are void.
Third Section
Permanent allotments
§ 14 Provision and procurement of replacement land
(1) If an allotment garden lease agreement for a permanent allotment garden is terminated in accordance with Section 9, Paragraph 1, Nos. 5 or 6,
the municipality to provide or procure suitable replacement land, unless it is required to fulfil the
obligation unable to.
(2) If the municipality has provided or procured replacement land, the person in need shall pay the municipality
compensation amount corresponding to the difference in value between the allotment gardening
used area and the replacement land.
(3) At the time of the clearing of the permanent allotment, the replacement land shall be available for allotment use.
available.
§ 15 Establishment of allotment garden leases by expropriation
(1) In areas designated in a development plan for permanent allotment gardens, the land may be expropriated
Allotment garden lease agreements are established for the benefit of those wishing to lease.
(2) Expropriation requires that
1.
the common good requires it,
2.
3.
the purpose of expropriation cannot be achieved by any other reasonable means and
made the owner a reasonable offer to establish the allotment garden leases
has been made; the offer shall be considered reasonable with regard to the lease if it corresponds to the lease according to Section 5
corresponds.
(3) The rent to be determined as compensation shall be calculated in accordance with Section 5.
(4) In all other respects, the State expropriation law shall apply.
Fourth Section
Transitional and final provisions
§ 16 Transitional provisions for existing allotment gardens
(1) Allotment garden leases existing at the time this Act comes into force shall be governed by
from this point onwards under the new law.
(2) Lease agreements for allotment gardens concluded before the entry into force of this Act which, at the entry into force of this Act,
Law are not permanent allotments, are to be treated as contracts for permanent allotments if the
The municipality is the owner of the land.
(3) If, in the case of contracts of the type referred to in paragraph 2, the land is not owned by the municipality,
the leases end on 31 March 1987 if the contract is for a limited period and the agreed
The lease period has expired by this time; otherwise, the agreed lease period remains in effect.
(4) If the allotment garden is designated in the development plan as an area for
If the municipality has been granted permanent allotment gardens, the contract shall be deemed to be extended for an indefinite period.
before the end of 31 March 1987, decided to draw up a development plan with the aim of allocating the area for- Page 5 of 7
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permanent allotment gardens, and announced the decision in accordance with Section 2 Paragraph 1 Sentence 2 of the Building Code,
the contract shall be extended for four years from the date of notification; the contract shall be extended for four years from the date of
The period elapsed until the agreed termination of the lease term up to 31 March 1987 shall be taken into account here.
From the date the development plan becomes legally binding, the regulations on permanent allotment gardens
to apply.
footnote
Section 16 paragraph 3: According to the reasons given, compatible with the Basic Law according to BVerfGE of 23.9.1992; 1993 I 42 – 1 BvL 15/85 et al.
Section 16 paragraph 4 sentence 1: Compatible with the Basic Law according to BVerfGE of 23.9.1992; 1993 I 42 – 1 BvL 15/85 et al.
§ 17 Transitional provision for allotment gardening as non-profit
Recognition of the non-profit status of allotment gardens granted before the entry into force of this law
remain unaffected.
§ 18 Transitional provisions for arbors
(1) Any arbors legally constructed before the entry into force of this Act which do not exceed the size provided for in Section 3 (2)
can be used unchanged.
(2) Any right of the allotment holder to use his shed for residential purposes existing at the time this Act comes into force
remains unaffected, as long as other regulations do not conflict with residential use.
The lessor may additionally demand a reasonable fee for the arbor.
§ 19 City-state clause
The Free and Hanseatic City of Hamburg is also considered a municipality for the purposes of the law.
§ 20 Repeal of regulations
(1) Upon entry into force of this Act, the following shall cease to apply:
1. – 9.
10.
Hamburg: Ordinance on rent prices for allotment gardens of 28 March 1961 (Hamburg Law and
Ordinance Gazette p. 115), amended by the Ordinance amending the Ordinance on Lease Prices
for allotment gardens of 18 February 1969 (Hamburg Law and Ordinance Gazette p. 22);
11. – 13.
(2) Upon entry into force of this Act, limited personal easements granted pursuant to Section 5 shall expire.
Paragraph 1, sentence 5 of the allotment garden law of Schleswig-Holstein, which is repealed according to paragraph 1, no. 12, in
have been entered in the land register. There are no fees for correcting the land register.
§ 20a Transitional provisions on the occasion of the establishment of German unification
In the territory referred to in Article 3 of the Unification Treaty, this Act shall apply subject to the following provisions:
to apply:
1.
2.
3.
Allotment garden usage relationships that were established before the accession took effect and are not
are terminated, shall be governed by this law from that point onwards.
Allotment garden usage contracts concluded before the accession takes effect are as
Allotment garden leases for permanent allotments are to be treated if the municipality, at the time of entry into force
of accession is the owner of the land or after that date the ownership of these
acquires land.
In the case of usage contracts for allotment gardens that are not owned by the municipality, the
agreed period of use. If the allotments are designated in the development plan as areas for permanent allotments
the contract is deemed to be extended for an indefinite period. If the municipality has
the agreed period of use, it was decided to draw up a development plan with the aim of developing the area
for permanent allotment gardens, and announce the decision according to Section 2 Paragraph 1 Sentence 2 of the Building Code
the contract shall be extended for six years from the date of notification.
From the date of the legal validity of the development plan, the regulations on permanent allotment gardens - Page 6 of 7
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Under the conditions set out in Section 8, Paragraph 4, Sentence 1 of the Building Code, a
early development plan should be drawn up.
4.
5.
6.
7.
8.
The power granted to allotment gardeners’ organisations before the accession took effect to acquire land
for the purpose of allotment to allotment gardeners, may be subject to the conditions for the withdrawal of
The procedure for the withdrawal of the conditions applicable to allotment gardening non-profit status
The states regulate the recognition and withdrawal of allotment gardening non-profit status.
Recognition of the non-profit status of allotment gardens that was granted before the accession took effect
remain unaffected.
The rent to be paid upon entry into force of the Act amending the Federal Allotment Garden Act can be
to the maximum rent permitted under Section 5 (1) in the following steps:
1.
from 1 May 1994 to double,
2.
3.
from 1 January 1996 to three times,
from 1 January 1998 to four times
the customary local rent for commercial fruit and vegetable cultivation. If a customary local rent is
commercial fruit and vegetable cultivation is not available, the corresponding rent is in a comparable
municipality as the basis for assessment. Taxes claimed up to 1 January 1998
Reimbursement amounts pursuant to Section 5 Paragraph 5 Sentence 3 can be paid by the lessee in installments, up to a maximum of eight
Annual benefits are paid.
Garden sheds legally erected before the accession took effect and which meet the requirements set out in Section 3, Paragraph 2
exceed the intended size, or other structures serving allotment gardening purposes
can be used unchanged. The keeping of small animals in allotment gardens remains unaffected, as long as
does not significantly disturb the allotment garden community and does not contradict allotment gardening.
A right of the allotment holder, existing before the accession takes effect, to permanently
for residential purposes remains unaffected, unless other regulations on residential use
For the permanent use of the arbor, the lessor may additionally charge an appropriate
demand payment.
§ 20b Special regulations for interim leases in the accession territory
Interim lease agreements for land in the area referred to in Article 3 of the Unification Treaty
Areas used within allotment gardens are §§ 8 to 10 and § 19 of the
The Law on the Adjustment of Obligations shall apply accordingly.
§ 21 (repealed)
§ 22 Entry into force
This law shall enter into force on 1 April 1983.- Page 7 of 7