Are you dreaming of your own lakeside house? Find out about the legal peculiarities, pricing factors, and regulatory requirements to consider when purchasing a lakeside property in Germany.
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The topic briefly and concisely
The private ownership of lakes in Germany is possible, but it is subject to significant restrictions due to public usage rights and water law regulations (WHG).
Lakeside properties, especially those with direct access, are highly sought after due to their scarcity and strict building and nature conservation regulations, commanding premium prices.
A comprehensive due diligence, including the examination of development plans, environmental regulations, and property rights, is essential when purchasing a lakeside property in Germany.
Owning your own piece of land by a German lake is a big dream for many. However, purchasing and developing such properties are often linked with complex legal and practical challenges. This guide provides you with an overview of the key aspects you need to know as a potential buyer of a lakeside property in Germany – from water ownership rights and property valuation to building permits and conservation requirements.
Ownership of waters and lake properties in Germany
In Germany, surface waters such as lakes can indeed be privately owned, but their use is heavily restricted by public interest and the Water Resources Act (WHG). Flowing waters and groundwater, on the other hand, cannot be privatised in principle. Many lakes in East Germany were privatised by the BVVG (Bodenverwertungs- und -verwaltungs GmbH) after reunification, although public usage rights, such as swimming or fishing, were generally preserved. Prices for such lake areas were often low due to these usage restrictions (around 15 cents/m²).
Property Value and Price Development at the Lake
The value of a lakeside property in Germany is primarily determined by its location. Other critical factors include size, orientation, development status, soil quality, and buildability. Properties with direct lake access are extremely rare and thus command significantly higher "premium prices." According to the Von Poll Lake Report 2024, the standard land value for plots with direct lake access can be 1.5 to 2 times higher than comparable plots without lake access. The most expensive lakes in the first half of 2024 were Lake Tegernsee (average €10,223/m², peak €16,969/m²), followed by Lake Starnberg (average €8,001/m²) and Lake Ammer (average €7,060/m²).
German Property Law: Rights and Obligations
The German property law regulates various rights and obligations for owners. Important rights include the lien (e.g. mortgage), easements (e.g. right of way), building lease, usufruct, pre-emption right, and real burden. Owners are also subject to obligations such as liability and building encumbrances. Property boundaries are legally marked by boundary stones and are recorded in detail at the cadastral office.
Building permits for lakeside plots
The development of lakeside properties is subject to complex building regulations. Zoning plans are crucial here as they determine the type and extent of permissible use (e.g., floor space index (FSI), plot ratio). In areas without a zoning plan, developments must blend with the existing surroundings. Construction projects in outlying areas are generally not permitted, which is why properties with existing building rights or within designated building zones are particularly sought after.
Nature conservation requirements and restrictions
Many shore areas of German lakes are designated as nature reserves, defined in accordance with § 23 of the Federal Nature Conservation Act (BNatSchG). These designations involve significant usage restrictions to protect ecosystems, habitats, and species. Private property rights are limited by the 'social obligation of property,' which means that usage must be in harmony with the common good. Specific prohibitions and regulations for properties in such areas are outlined in the respective conservation area ordinance and must be strictly adhered to by owners.
Important Considerations for Buyers
When purchasing a lakeside property, comprehensive due diligence is essential. This includes a thorough examination of the land register for any encumbrances and third-party rights, reviewing local development plans to clarify building possibilities, and understanding all nature conservation restrictions. Consultation with lawyers specializing in property and environmental law is highly recommended to navigate the complexities and ensure the land aligns with your long-term plans.
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Even if a lake is privately owned, public access rights for swimming, boating or fishing, especially in larger bodies of water, are often legally protected. These public usage rights are frequently enshrined in water laws or existing easements, which can affect the exclusivity of a lakeside property. Buyers should clarify the exact public access and usage rights to avoid future conflicts.
Environmental protection and water quality
Bleiben öffentliche Baderechte an privatisierten Seen erhalten?
Public usage rights, such as swimming, generally remain in place even at privatised lakes, particularly those privatised by BVVG in Eastern Germany. Specific regulations are embedded in the respective water laws.
Welche deutschen Seen haben die höchsten Grundstückspreise?
According to the Von Poll Lake Report 2024, Tegernsee, Starnberger See, and Ammersee are amongst the lakes with the highest property prices in Germany.
Was bedeutet 'Sozialpflichtigkeit des Eigentums' für Seegrundstückseigentümer?
'The social obligation of property' means that private property rights are not absolute and must be exercised in harmony with the common good, especially in ecologically sensitive areas like lakefronts.
Was ist ein 'Bebauungsplan'?
A 'Bebauungsplan' is a legally binding land-use plan that stipulates the type and extent of building usage on specific plots of land.
Welche Faktoren beeinflussen den Wert eines Grundstücks am See?
The main factor is location, particularly direct access to the lake. Other important factors include size, orientation, development status, soil quality, and the buildability of the plot.
Wo finde ich Informationen zu spezifischen Einschränkungen für ein Grundstück in einem Naturschutzgebiet?
Specific restrictions are detailed in the respective 'protection area regulations' for the nature reserve in question. Information on this is typically available from the local environmental authority.
Additional useful links
Gesetze im Internet: Here you can find the Federal Nature Conservation Act (BNatSchG), which forms the legal basis for nature conservation in Germany.
Federal Agency for Nature Conservation (BfN): The Federal Agency for Nature Conservation (BfN) provides comprehensive information on protected areas in Germany, including their definition and significance.
Federal Environment Agency: The Federal Environment Agency provides detailed information about German water law, its principles and areas of application.
Federal Environment Agency: A publication by the Federal Environment Agency sheds light on the Water Framework Directive and its impact on water quality in Germany.
Federal Ministry of Justice: The Federal Ministry of Justice offers information on online access for retrieving entries from the land register.
Gesetze im Internet: The Land Register Code (GBO) is accessible here and regulates the management of land registers, as well as the registration of rights to properties.
Federal Statistical Office (Destatis): The Federal Statistical Office (Destatis) provides current data and indices on construction costs and property prices in Germany.
Federal Statistical Office (Destatis): A press release from the Federal Statistical Office (Destatis) offers insights into current market developments and price statistics.
FAQ
Are public swimming rights retained at privatized lakes?
Public usage rights, such as swimming, are generally retained even for privatised lakes, especially those privatised by the BVVG in East Germany. Specific regulations are enshrined in the respective water laws.
Which lakes in Germany have the highest property prices?
According to the Von Poll See-Report 2024, Lake Tegernsee, Lake Starnberg and Lake Ammer are among the lakes with the highest property prices in Germany.
What does 'social obligation of ownership' mean for owners of waterfront properties?
The 'social obligation of property' means that private property rights are not absolute and must be exercised in accordance with the common good, particularly in ecologically sensitive areas such as lakeshores.
What is a 'Bebauungsplan'?
A 'Bebauungsplan' is a legally binding development plan that specifies the type and extent of building use on particular plots of land.
What factors influence the value of a lakeside property?
The main factor is the location, particularly the direct access to the lake. Other important factors include size, orientation, development status, soil quality, and the buildability of the property.
Where can I find information about specific restrictions for a property in a nature reserve?
Specific restrictions are detailed in the respective 'Schutzgebietsverordnung' for the nature reserve in question. This information is typically available from the local environmental authority.
