The mechanic wanted to use his garage as a car repair shop, equip it with a car lift, and offer a pick-up and delivery service. (Photo: © Maksim Kostenko/123RF.com)
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A car mechanic wanted to use his garage as a workshop. However, the Mainz Administrative Court did not permit this in a general residential area.
Even a small car repair shop is not allowed to operate in a general residential area . This was clarified by the Administrative Court (VG) Mainz in a recent ruling.
A man applied for a building permit to change the use of his garage . As the homeowner, he wanted to use the garage as a car repair shop , equip it with a car lift , and offer a pick-up and delivery service. The garage is located in a village with 600 inhabitants, where, in addition to residential buildings, there are also small businesses.
The building authority refused the permit, arguing that the operation of a motor vehicle business is generally impermissible in a general residential area . The specific design of the business was irrelevant in this decision.
The tradesman argued that the decisive factor was the specific design of the car repair shop as a small, non-disruptive business . This could easily be integrated into the village structure of the community, which includes residential buildings and commercial enterprises.
Operations management
Operations management
Operations management
The Mainz Administrative Court, however, agreed with the building authority and prohibited the garage workshop. It ruled that the workshop did not fit into the surrounding area, which is characterized by residential buildings and does not encompass the entire village. Due to its emissions, a vehicle repair shop is typically likely to impair the existing residential character of the area ( § 4 of the Building Use Ordinance – BauNVO) . Furthermore, it could not be classified as a typical, permissible use in a residential area.
The court explained that, due to the legal protection of the area's character, it was fundamentally irrelevant whether the specific business had a disruptive effect .
The plaintiff's small, part-time business does not constitute one of the "non-disruptive" business types according to Section 4, Paragraphs 2 and 3 of the German Building Code (BauNVO) . The effects emanating from the business, even to a lesser extent, are not intended for a general residential area under urban planning regulations, which is primarily reserved for residential use and, secondarily, only for non-disruptive uses.
The planned working hours in the evenings and on Saturdays would be particularly detrimental to the residents' need for peace and quiet . A general residential area , the judges emphasized, is inherently characterized by a high degree of "residential tranquility." "The criterion of compatibility with the area concerns the avoidance of uses deemed atypical that disrupt the residential character as such," the ruling stated verbatim.
Administrative Court of Mainz, Judgment of January 10, 2023, Case No. 3 K 121/22.MZ
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