Earth-sheltered house: building permit guide for Germany

The short answer

German building law has no separate category for an "earth house" or "earth-bermed house"; what is assessed is a dwelling with an earth-covered green roof. Whether you get a building permit comes down to two questions: does the plot allow a house (federal planning law), and does the house meet the requirements of the state building code that apply to every detached family home?

It is rarely the method of construction that causes trouble. Trouble comes when the plot lies in the outlying area, or when the local development plan prescribes a roof shape an earth-sheltered house does not have.

Please note: this guide is general information, not legal advice. The rules differ from state to state and from one municipality to the next; only the information given by your building control authority is binding. As at October 2026.

Which law applies and who decides

Federal level: whether and how much may be built

The Federal Building Code (BauGB) and the Land Use Ordinance (BauNVO) govern whether a dwelling is permissible and on what scale. There are three situations: within a development plan (§ 30 BauGB), within a built-up part of a settlement without a plan (§ 34), and in the outlying area (§ 35).

State level: how it must be built

The 16 state building codes follow the Model Building Code, but differ in detail. They govern habitable rooms, escape routes, separation distances, the procedure and who may submit the drawings. This guide gives examples from Bavaria (BayBO), Baden-Württemberg (LBO) and North Rhine-Westphalia (BauO NRW).

The authority and the procedure

The lower building control authority is responsible (district office, district or larger town); the municipality is involved. For a detached family home there are three routes:

Exemption from permission, or the notification procedure: only within a qualified development plan and only if the house complies with every provision in it. In Bavaria (Art. 58 BayBO) and NRW (§ 63 BauO NRW) you may start one month after submitting the documents to the municipality, in Baden-Württemberg two weeks after the complete submission is received (§§ 51, 59 LBO). No assessment takes place; responsibility rests with you and your designers.
Simplified building permit procedure: the usual route. What is checked is mainly planning law, separation distances and any requested deviations. For dwellings Bavaria has a deemed approval: three weeks to check that the application is complete, after which it counts as approved three months later (Art. 68 (2) BayBO). Baden-Württemberg introduced it with the 2025 amendment to the LBO, NRW from 1 September 2026.
Full building permit procedure: for special buildings, practically never needed for a detached family home.

Fees follow the fee rules of the state and are usually calculated from the construction costs. Your building authority will tell you the exact amount.

Check the plot first

Within a development plan (§ 30 BauGB): check the roof shape, wall and ridge height, full storeys, site coverage ratio (GRZ), building lines and ground levels. If a pitched roof is prescribed, you need a dispensation under § 31 (2) BauGB. It is only possible where the basic principles of the plan are not affected, and a prescribed roof shape can be one of those principles. If, on the other hand, the plan calls for a flat roof or a planted roof, an earth-sheltered house fits well.
Site coverage: the earth cover does not make the house disappear in planning terms. Structures below ground level also count towards the covered area (§ 19 (4) BauNVO).
Within a built-up part of a settlement (§ 34 BauGB): the house must fit into its surroundings in terms of type, scale, form of development and built-over area. A low earth-sheltered house usually fits in easily on height.
In the outlying area (§ 35 BauGB): a dwelling has no privileged status there, and that applies to an earth-sheltered house you can barely see as well. As an "other project" it almost always fails on public interests such as the land use plan, the character of the landscape or the risk of scattered development. Exceptions are an outlying-area by-law of the municipality (§ 35 (6)), replacing an existing dwelling (§ 35 (4)) or the "building turbo" (§ 246e BauGB): with the municipality's consent, planning law may be departed from until 31 December 2030, in the outlying area only where the site adjoins areas covered by a development plan or within the built-up area.

How to check before you buy

Obtain the development plan and the land use plan from the building authority or your state's geoportal.
Arrange a consultation with building control and bring a sketch and a section through the terrain.
Submit a preliminary building enquiry (preliminary ruling) with specific questions, such as: "Is a single-storey dwelling with an earth-covered green roof permissible on this site?" The preliminary ruling binds the authority for several years.
Where possible, make the purchase contract conditional on a positive preliminary ruling.

What gets particular attention with an earth-sheltered house

Daylight and windows in habitable rooms

Every habitable room must be capable of adequate ventilation and daylight. The structural opening size of the windows must be at least one eighth of the net floor area in Bavaria (Art. 45 (2) BayBO) and NRW (§ 46 (2) BauO NRW), and one tenth in Baden-Württemberg (§ 34 (2) LBO). For a 20 m² living room that means 2.5 m² or 2 m² of window opening. A glazed facade exceeds this by a wide margin.

Clear room height is 2.40 m in Bavaria, though it does not apply to dwellings in building classes 1 and 2. Baden-Württemberg requires 2.30 m, NRW 2.40 m with 2.30 m possible for building classes 1 and 2. A detached family home is normally in building class 1.

Basement or living space?

Whether a room counts as a habitable room depends on how it is used, not on where it sits. Rooms below ground level are permitted if they meet the requirements for daylight, ventilation, height and escape route. Baden-Württemberg sets this out explicitly: habitable rooms whose floor lies below ground level are permitted if the ground in front of the required windows slopes at no more than 45° and the sill is at least 1.3 m below the ceiling (§ 34 (3) LBO).

For the local development plan it also matters whether a storey counts as a full storey. Under the Model Building Code, a storey is above ground if the top of its ceiling projects more than 1.40 m above ground level on average, otherwise it is a basement storey. Some federal states depart from this.

Second escape route

Every storey with habitable rooms needs two independent escape routes to the open air (Art. 31 BayBO, § 33 of the Model Building Code). In Bavaria, one is enough for a single-level storey of up to 400 m² with direct access to the open air. An earth-sheltered house with a ground-level glass front has that exit. Rooms at the rear need a door to the open side or an escape window: at least 0.60 × 1.00 m in Bavaria, 0.90 × 1.20 m in North Rhine-Westphalia, in each case no more than 1.20 m above floor level (Art. 35 (4) BayBO, § 37 (5) BauO NRW). Agree the solution early with the building authority and the fire safety planner.

Height, separation distances and backfill

Every external wall requires a separation distance of 0.4 × wall height, at least 3 m in Bavaria and North Rhine-Westphalia, at least 2.5 m in Baden-Württemberg. It is measured from ground level. Which ground level applies differs from state to state:

Baden-Württemberg: the actual ground level after construction, unless it was altered in order to reduce separation distances (§ 5 (4) LBO).
North Rhine-Westphalia: the ground level set out in the building permit or the development plan, otherwise the natural one (§ 2 (4) BauO NRW).
Bavaria: under case law, generally the natural ground level, unless the permit specifies another.

Backfill is therefore not automatically deducted from the wall height. Show earth mounds and retaining walls in the building application with ground sections. High embankments and retaining walls can themselves trigger separation distances.

Structure, waterproofing and radon

A cubic metre of damp earth weighs around 1.8 to 2 tonnes. The structural engineer verifies the roof load and earth pressure, and a ground investigation report establishes the groundwater level. Watertight concrete (the "white tank" principle) is covered by the WU guideline of the German Committee for Structural Concrete (DAfStb); for living spaces, usage class A is standard.

Every new building with habitable rooms must prevent radon from entering from the ground, or make it considerably more difficult (§ 123 StrlSchG). As a rule, proper moisture protection is sufficient; in the radon precautionary areas designated by the federal states, one measure from § 154 StrlSchV is added.

Energy performance certificate, green roof and rainwater

Every new building must meet the federal building energy requirements for thermal protection and primary energy demand; the former Buildings Energy Act (GEG) was reworked in 2026 into the Buildings Modernisation Act (GModG). Components in contact with the ground are included in the calculation. Once the house is finished, you must have an energy demand certificate issued (§ 80).

Many development plans require a green roof or infiltration, and the Water Resources Act favours infiltration close to source (§ 55 (2) WHG). Many municipalities charge a lower rainwater fee for green roofs.

Who may sign the drawings

The building application is signed by a person authorised to submit building documents: an architect registered with the Chamber of Architects or a civil engineer on the register of the Chamber of Engineers. In Bavaria, for detached residential buildings in building classes 1 to 3, state-certified building technicians and master craftsmen in bricklaying, concrete construction or carpentry may also sign (Art. 61 (3) BayBO). An application usually includes:

an official site plan from a surveyor
floor plans, elevations and sections showing existing and proposed ground levels
building description, area calculations (site coverage ratio, floor area ratio, living area) and separation distance plan
drainage plan
structural stability certificate and thermal protection and energy certificate

The process step by step

Check the plot: development plan, land use plan, classification under §§ 30, 34 or 35 BauGB.
Submit a preliminary building enquiry if the roof form, ground modelling or siting is unclear.
Commission a ground investigation report including the groundwater level and check whether the site is in a radon precautionary area.
Prepare the design with a planner authorised to submit building documents, and agree escape routes and ground levels with the building authority.
Submit the building application or the exemption documents, and involve the neighbours as required in your state.
Complete the structural design and thermal protection certificate, and have them checked before work starts where your state requires it.
Wait for the permit or for the deadline to pass, then notify the start of construction.
Build, notify completion and have the energy performance certificate issued.

How Talpa House works with you

Talpa House (Pribila spol. s r.o., Slovakia) has been designing and building earth-sheltered family houses from watertight monolithic concrete since 2010, on the white tank principle and with a green roof. More than 21 houses stand in Slovakia, the Czech Republic and Hungary. Daylight comes through glazed facades and rooflights, which keeps rooms 6 to 8 m deep bright; ventilation is passive.

We have not yet built in Germany and are looking for local partners. Our complete package covers the design and support through the permit process; the building application is signed by an architect or engineer authorised to submit building documents in Germany, with whom we work. You can put your house together in the configurator, and prices are set out in the cost guide. You can experience finished houses on a house visit, and we are happy to answer questions about your plot via contact. For Austria there is a separate building permit guide.

Frequently asked questions

Does an earth-sheltered house need planning permission?

Yes, just like any other dwelling. Exemption from permit under a local development plan does not change the requirements.

May I build an earth-sheltered house in the outlying area (Außenbereich)?

As a rule, no: even covered with earth, a dwelling is not privileged under § 35 BauGB. For exceptions, see above.

Does an earth-sheltered house count as a basement?

Not automatically. Whether a storey counts as a basement depends on how far its ceiling rises above the reference ground level. For habitable rooms this is secondary: they must meet the requirements for daylight, ventilation, room height and escape route in every case.

What if the local development plan prescribes a pitched roof?

Apply for a dispensation under § 31 (2) BauGB through a preliminary building enquiry (Bauvoranfrage), or talk to the municipality about amending the plan. Without a positive answer, do not buy the plot.

How long does the building permit take?

With an exemption, two weeks to a month; in the simplified procedure, usually a few months. Bavaria, Baden-Württemberg and North Rhine-Westphalia also have deemed approval. A preliminary building enquiry takes time, but it often saves you redesigning.

Do I need an architect?

You need a person entered on the chamber list who is authorised to submit building documents, plus a structural engineer for the structural design.

Planning permission for an earth-sheltered house in Germany: the rules and how to proceed