H1. Overview
The temporary structures used for events generally fall under the category of so-called “Fliegende Bauten” (Flying Structures, i.e. temporary structures). In terms of permission for your event, these can be divided into two types:
- Permissible structures - This covers most small structures, stages and the like associated with events, in particular proprietary structures of limited size and complexity requiring no special permission.
- Structures requiring an implementation permit - Larger structures, stages etc. may require a special implementation permit from the local authority before erection at a particular place.
The above categories apply primarily to company-owned structures whose stability, material safety and conformity with standards and regulations are guaranteed by the manufacturers. Customised constructions are a special case that may require special attention.
H2. Permit exempt buildings
Usually, no special building permission is required for smaller structures meeting the following criteria:
- Temporary structures with a height of up to 5 m that are not intended to be entered by visitors,
- temporary structures with a height of up to 5 m that are operated for children and have a speed of no more than 1 m/s,
- temporary stages, including canopies and other superstructures with a height of up to 5 m, with a gross floor area of up to 100 sq.m. and a stage height of up to 1.50 m,
- ground-floor marquees and accessible sales stands that are mobile structures, each with a floor area of up to 75 sq.m.,
- inflatable playground equipment with a height of the accessible area of up to 5 metres or with covered areas where the distance to the exit is no more than 3 metres, provided that the roof is constructively prevented from sinking, no more than 10 metres.
In principle, with the other permits you have applied for and the submission of a site plan, you can erect and use "structures" (that meet the above criteria) for your event without further permits from the local authority. However, they should be defined in your applications, clearly marked on your site plan and described in detail (with dimensions) in your event concept.
It should be noted that for any such structures, you will be obliged to comply with all applicable norms and regulations regarding stability, suitable ground conditions, fire protection, appropriate materials and other safety conditions, irrespective of any involvement of the local authorities in the permission procedure. In addition, there may be conditions given by manufacturers which need to be adhered to for the erection. use and disassembly of your structures.
H3. Buildings requiring a permit
Larger temporary structures beyond the above criteria require an implementation permit before they are erected and put into use for the first time and on all subsequent occasions.
The implementation permit is issued by the building authority in whose area the applicant has his or her main residence or commercial address (not the location of the event). If this address is outside Germany, then the authority in the location of the first erection of the structure is responsible for issuing the implementation permit. The permit is issued for a specific period of time, up to five years and may be extended for up to five years at a time. The approvals are entered in an inspection book to which a copy of the construction documents to be endorsed with an approval note shall be attached. Permits issued by other regions are also valid in Berlin. Permit holders notify the building supervisory authority of any change of address or sale of the structure to a third party, and these changes are entered into the inspection book
Temporary structures with an implementation permit may only be erected if the building authority of the place of erection is notified and the inspection book submitted (the erection permit). The building authority may insist on an inspection before the event, the result of which is noted in the inspection book. They may also impose conditions or prohibit the erection according to local conditions or to avert hazards, in particular because operational safety or stability is not or no longer guaranteed or if there is a deviation from either the implementation or erection permits. In the case of Fliegende Bauten that are entered by visitors and/or operated for a longer period of time the building authority can also require interim inspections.
H4. Special designs and other constructions
While the above conditions apply to larger or smaller proprietary structures, bespoke fabrications, which don’t have the kind of type approvals or manufacturer’s guarantees associated with such structures may be subject to additional approval conditions. For hand-build stages, seating bleachers, masts, banners and the like, you need to be able to ensure the safety and conformity with applicable norms and regulations with respect to structural stability, fire protection, means of escape, protection from falling, accessibility etc - irrespective of whether the structure falls under the purview of a permissible structure or not. As a result, it may be prudent to involve a professional - an engineer or architect - to advise you about such structures, to ensure you can fulfill this duty of care.
In addition to the above, it should be noted that advertising your event with banners and hoardings may also require additional permission depending on their size and the duration of the installation. This procedure - also managed by the building authority - while simpler than that for structures, should be investigated in advance through consultation with the relevant local authority.
H5. Useful Links and further information
§ 76 Genehmigung Fliegender Bauten (Bauordnung für Berlin (BauO Bln))
§ 10 Anlagen der Außenwerbung, Warenautomaten (Bauordnung für Berlin (BauO Bln))
§ 61 Verfahrensfreie Bauvorhaben, Beseitigung von Anlagen (Bauordnung für Berlin (BauO Bln))