Allotment garden use
The allotment garden use is a term of the German Federal Allotment Garden Act (BKleingG). In BKleingG the type of use and management is the small garden in return for the lease rate bond and unlike Weekend domiciles mandatory.
The definition of allotment gardening can be found in Section 1 (Definitions), Paragraph 1 of the BKleingG. It is:
“An allotment garden is a garden that
- 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
- is located in a facility in which several individual gardens with communal facilities, for example paths, play areas and club houses, are combined (allotment gardens). "
For the allotment garden use (1.) results from the horticultural use as material use and the simultaneous use for recreation as ideal use.
For the material things of the allotment garden, the following division has been developed into three categories:
- Garden products: Planting in particular fruit trees, vegetable plants, wild vegetable plants, medicinal plants and aromatic plants, wild fruit plants, field crops and the use of cold frames, small greenhouses, composting areas, etc.
- Ornamental plants and grasses: Planting summer flowers, bulbs and tuber plants, perennials, ornamental trees (deciduous trees, bog plants, roses, climbing trees) without conifers such as yew trees , if possible , as well as lawns through vegetation with grasses.
- Structural systems and other facilities: arbor, trellis, seats, water basin, biotope , main path, fence, garden door, sandpit, swing, apiary, design elements, etc.
In its judgment III ZR 281/03 of June 17, 2004, the Federal Court of Justice specified the addition "in particular for the production of horticultural products for personal use" and ruled that "as a rule at least one third of the area for growing garden products for personal use" use it. It goes without saying that of the plantings, fruit trees and vegetables (category 1) are the largest groups for the production of garden products.
In the allotment garden, according to § 3 BKleingG, a simple arbor with a maximum area of 24 m² including a covered patio is permitted. Due to its nature, in particular its equipment and furnishings, it must not be suitable for permanent living.
There are many ways to relax in the allotment garden, in particular through gardening, relaxation and rest. This is possible everywhere in the allotment garden and in the allotment garden, regardless of certain types of use and area shares. The additional expulsion of material things for recreation is not necessary.
The special restrictions of the property owner with regard to the amount of the lease and the possibility of termination are essentially justified by the purpose of the garden cultivation via the allotment garden use (§ 1 BKleingG). This includes the provisions of § 3 BKleingG, according to which the interests of environmental protection, nature conservation and landscape management should be taken into account in the use and management of the allotment garden.
In Germany, a lease amounting to a maximum of four times the amount customary in the area for commercial fruit and vegetable growing may be requested (Section 5 BKleingG). According to a study by the Federal Ministry of Transport, Building and Urban Development , the 2007 lease averaging 17 cents / m² was considerably below the lease price 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.