Federal Allotment Garden Act

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The federal allotment law ( BKleingG ) is a German law the allotments on. It forms definitions , regulates, among other things, the intended purpose through the concept of allotment garden use and specifies the requirements for non-profit status .

Basic data
Title: Federal Allotment Garden Act
Abbreviation: BKleingG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Special administrative law , civil law
References : 235-12
Issued on: February 28, 1983
( Federal Law Gazette I p. 210 )
Entry into force on: April 1, 1983
Last change by: Art. 11 G of 19 September 2006
( Federal Law Gazette I p. 2146, 2147 )
Effective date of the
last change: 		October 1, 2006
(Art. 76 Law of September
19, 2006)
Please note the note on the applicable legal version.

Definitions (§ 1)

An allotment garden within the meaning of the Federal Allotment Garden Act (BKleingG) is, according to Section 1 (1) BKleingG, a garden that

  • 1. serves the user (allotment gardener) for non-commercial horticultural use, in particular for the production of horticultural products for personal use, and for recreation (allotment use) and
  • 2. Located in a facility in which several individual gardens with communal facilities, for example paths, play areas and club houses, are combined (allotment garden facility).

The following is to be taken into account from BGH rulings

  • Re 1 .: BGH III ZR 281/03 c): As a rule, at least a third of the area is to be used for growing garden products for personal use,
  • Re 2 .: BGH III ZR 31/05: In addition to community facilities, there must be at least five gardens.

According to § 1 Abs. 2 BKleingG expressly no allotment garden is:

  • an owner's garden (which is managed by the landowner or his household members within the meaning of Section 18 of the Housing Promotion Act; however, the construction restrictions of Section 3 BKleingG apply to the owner's garden),
  • an apartment garden (a garden that is left to someone authorized to use an apartment in connection with the apartment),
  • an employee garden (a garden that is left to an employee in connection with the employment contract),
  • a plot of land on which only certain horticultural products may be grown by contract,
  • a plot of land that can only be contracted with annual plants ( gravel land ).

In addition, a permanent allotment garden is an allotment garden secured by a development plan, for which special protection regulations apply (BKleingG § 1 Paragraph 3).

Allotment garden non-profit status (§ 2)

In addition to the non-profit regulations in tax law, § 2 BKleingG regulates the allotment gardening charity of allotment gardeners' organizations. These are almost always clubs.

Conditions for non-profit status are:

  • Entry in the register of associations
  • Regular management reviews
  • The aim of the association is exclusively or predominantly the promotion of allotment gardening and the professional support of its members,
  • The income generated is used for gardening purposes
  • When the association is dissolved, its assets are to be used for gardening purposes.

The recognition of the allotment garden non-profit status is a prerequisite for an interim lease agreement - an allotment garden lease agreement - to be effectively concluded with the association or association (Section 4 (4) BKleingG) and for the allotment gardeners to benefit from the advantages of the BKleingG as leaseholders (Section 4). 5 fixed lease prices, §§ 9 ff protection against dismissal and compensation regulations).

Allotment garden and gazebo (§ 3)

  • An allotment garden should not be larger than 400 square meters.
  • The concerns of environmental protection , nature conservation and landscape management should be taken into account in the use and management of the allotment garden.
  • An arbor with a maximum area of ​​24 m² including a covered patio is permitted.
  • The arbor must not be suitable for permanent living.

The above also applies to owner gardens (Section 1 (2) BKleingG).

Allotment garden lease (§§ 4 to 13)

In this second section of the law, the regulations on allotment garden leases are made.

Allotment garden leases

  • require (as well as the termination) the written form ,
  • are not limited in time in the case of permanent allotment gardens, but are only to be closed for an indefinite period (Section 6 BKleingG); Temporary contracts can be concluded for other allotment gardens
  • can be terminated by the lessor
    • without observing a period of notice (§ 8 BKleingG)
      • Failure to pay the rent,
      • serious breaches of duty or
    • by ordinary termination for November 30 of a year (§ 9 BKleingG)
      • due to breaches of duty according to § 9 (1) 1. and
      • according to the special cases mentioned in § 9 (1) BKleingG 2. to 6.

In the event of termination by the lessor according to the special cases mentioned, the lessee is entitled to compensation for termination (§ 11 BKleingG) for plantings and arbor.

Furthermore, a lease amounting to a maximum of four times the amount customary in the area for commercial fruit and vegetable growing may be demanded ( Section 5 BKleingG). According to a study by the BMVBS, the rent in 2007 averaged 17 cents / m² was considerably below the rent for weekend homes and campsites. This also creates the opportunity for people with lower incomes to find their own place in a natural environment in an allotment garden.

Permanent allotments (§ 14, § 15)

  • § 14: Provision and procurement of substitute land
    • by the municipality in the event of termination in accordance with BKleingG § 9 (1) 5. or 6.
  • § 15: Establishment of allotment garden leases through expropriation
    • if necessary, expropriation according to state expropriation law is possible

Transitional and final provisions (§§ 16 to 22)

  • Section 16: For existing allotment gardens on leases with the reference date March 31, 1983
  • § 17: For allotment gardening non-profit of the association with the reference date March 31, 1983
  • § 18: For arbors
    • Arbors that were legally erected before April 1, 1983 and that are larger than 24 m² can be used unchanged
    • Arbors can also be used for residential purposes
  • Section 19: City-state clause for Hamburg
    • For the BKleingG, Hamburg is a federal state and a municipality
  • § 20: Repeal of previous regulations of the federal states
  • Section 20 a: Transitional regulations (from October 3, 1990) on the occasion of the establishment of German unity for the GDR accession area
  • § 20 b: Special regulations for intermediate leases in the acceding area
    • Sections 8 to 10 and 19 of the Law of Obligations Adjustment Act apply accordingly
  • § 21: 2006 repealed
  • § 22: Entry into force on April 1, 1983 (changes by October 1, 2006)

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