This translation is for information purposes only. Only the original German version of the Garden Rules is legally valid.
Garden Rules published by the City of Cologne and the Kreisverband Kölner Gartenfreunde e.V.
Preliminary remark
The aims of the allotment garden movement are defined by the Federal Allotment Garden Law (BKleinG) of 28 February 1983 (BGBi I p. 210) last amended by Article 11 of the Law of 19 September 2006 (BGBi I p. 2146), and form the basis of the garden regulations.
Allotment gardens are part of the public green space, they are created and supported with financial means of the city of Cologne and the federal states of North Rhine-Westphalia. They serve the self-sufficiency of the allotment gardeners, their maintenance of health and recreation as well as the meaningful use of leisure time.
The interests of environmental protection, nature conservation and landscape conservation are to be taken into account in the use and management of the allotment garden. Therefore, the orientation towards an organic cultivation of the allotment garden and a design with natural materials is to be aimed at.
The realisation of these aims of allotment gardening can only be achieved if the allotment gardeners work together harmoniously inside and outside their allotment site, show consideration for each other and manage their gardens properly. The garden rules are intended to show the way. They are an integral part of the lease contract and are therefore binding for all allotment gardeners – hereinafter referred to as allotment gardeners. Violations of the garden rules entitle the lessor to terminate the lease in accordance with the legal provisions.
§ 1 Allotment garden use
(1) The allotment garden is subject exclusively to allotment use. This is only the case if
- the allotment garden is cultivated for the self-sufficiency of the family through own labour and
- the allotment garden serves the allotment gardener and his family for recreation.
(2) The use of the allotment garden or the arbour for residential or commercial purposes is not permitted. The cultivation of one-sided crops and the exclusive use as an ornamental garden are not permitted.
(3) The interests of environmental protection, nature conservation and landscape conservation are to be taken into account in the use and management of the allotment garden.
(4) The allotment gardener is not permitted to hand over the garden or parts thereof (in particular arbours) to third parties. However, the allotment gardener is entitled to leave the garden temporarily (e.g. during holidays or hospitalisation) to third parties to look after free of charge.
(5) The district federation must ensure that the leased areas given to it are leased on as allotment gardens within the meaning of § 1 (1) BKleinG, i.e. that
- that more than one third of the garden area is used for the cultivation of fruit, vegetables and other crops (at least 10% for annual crops/yield crops).
- only up to one third is used for structures, terraces and paths.
Permanent occupation of the arbours is not permitted, apart from occasional overnight stays.
$ 2 General regulations
(1) The allotment gardener and his relatives as well as guests are obliged to avoid anything that disturbs or impairs the peace, order and safety as well as the community life in the allotment garden site. Therefore it is forbidden to make loud music, to play loudly television, radio or music, to shoot, to make noise and to do anything that is detrimental to the peace of the allotment garden site. Children playing and the associated noise must be tolerated.
(2) Dogs must be kept on a leash on the paths of the allotment garden site. Dog excrement must be removed immediately by the dog owner or handler.
(3) Any unauthorised alteration of facilities and equipment accessible to the public is prohibited.
(4) The allotment garden site is to be kept accessible to visitors and walkers during the day.
(5) The external gates of the site are to be kept open during the day until dark. In the winter months from the beginning of November to the end of February the gates may be locked. This eliminates the obligation to grit the paths in case of snow and black ice.
(6) It must be ensured that emergency vehicles (emergency doctor and fire brigade) have unhindered access to the facility.
(7) Quiet times must be observed by all allotment gardeners and visitors to the site. If no further provisions are decided in the individual allotments, rest periods are the hours from 10 p.m. to 7 a.m. and from 1 p.m. to 3 p.m. as well as Sundays and public holidays.
(8) Every allotment gardener is obliged to observe the notices posted by the association.
§ 3 Water supply
(1) The connection of individual arbours to the water supply is prohibited.
(2) The construction of a well for private groundwater extraction is not permitted.
(3) The water pipe network is to be treated with care. Water shall be used sparingly.
(4) During the frost period, the water supply system may be shut off. Each individual tap in the allotment gardens must then be aerated by the allotment gardeners.
(5) The costs of water consumption, if the individual gardens themselves are not equipped with water meters, are apportioned to all allotment gardeners on a pro rata basis in accordance with a special resolution of the allotment garden association. Irrespective of this, the tenant will share proportionally in any loss that may occur on the allotment site as a whole.
The water meters must be properly calibrated in accordance with the law on metrology and calibration.
(6) Rainwater shall be reused as irrigation water in the garden if possible. Infiltration is only permitted via the revitalised soil layer.
§ 4 Waste Water Disposal, Faeces Disposal, Toilets
(1) The basis for the disposal of waste water and faeces is the Water Act for the State of North Rhine-Westphalia (Landeswassergesetz – LWG) in its current version.
(2) The discharge of waste water of any kind into the subsoil is prohibited.
(3) The installation of water-flushing toilets connected to a watertight catchment pit is prohibited.
(4) The installation of flush toilets, showers, kitchen sinks and other facilities whose operation requires water supply and disposal is prohibited. Only the use of individual taps in the garden is permitted. Uncontaminated waste water produced in this connection (e.g. washing or vegetable cleaning water) is to be collected and disposed of as irrigation water or via the compost.
(5) Water supply and disposal facilities built before 01.01.1991 within the structures in the gardens as well as waste water collection pits may remain until the end of the current tenancy. The condition for the temporary retention of the pits is their structurally sound condition and regular emptying by an approved specialist company as required or at least once a year.
All water supply facilities within the superstructures as well as waste water collection pits, which were built after 01.01.1991, are not protected. These facilities must be removed immediately.
(6) Chemical toilets, so-called camping toilets, which do not produce waste water when used, are only to be used in allotment garden sites where the disposal of the mobile waste water tanks can be carried out via existing central collecting pits or sewer connections. (7) Generally permissible (with the exception of the allotment site in Merheimer Felde) for use in allotment gardens are biological composting toilets. Such toilet systems are to be disposed of by separate composting with a rotting period of two years if possible. The finished compost should preferably be used in the area of ornamental and tree beds (including fruit trees).
§ 5 Waste disposal, compost, tree and green cuttings
(1) Every allotment gardener is obliged to set up a composting area in his allotment garden. All organic waste is to be recycled there. The establishment of a composting site requires a permit.
(2) Non-compostable waste (e.g. building rubble, treated wood, household refuse, rubbish) must be disposed of in accordance with official regulations. Each allotment gardener is responsible for the proper disposal of waste.
(3) It is forbidden to deposit waste (including green waste!) in the adjacent green area. The polluter or the association is liable for the removal of waste deposited in the adjacent green areas.
(4) The waste management authorities of the city of Cologne are the contact persons for all matters concerning waste.
(5) Larger branches, tree trunks, building and shrub cuttings can be shredded by large shredders in cooperation with the district association after notification by the allotment garden association. If it is not possible to recycle the shredded material within the garden site, an alternative disposal method must be chosen in cooperation with the district association.
(6) The burning of garden waste and other materials is not permitted. Plants affected by fire blight and monilia may exceptionally be burned at a collection point on the allotment site with the permission of the association board.
(7) Other types of waste disposal than those mentioned are prohibited.
§ 6 Use and maintenance of paths
(1) It is not permitted to drive on the paths in the allotment garden sites with motor vehicles of any kind. In special cases the respective allotment garden association may grant an exemption on application. In this case the conditions issued by the City of Cologne concerning the use of allotment garden paths must be observed.
(2) Furthermore, on application via the association, the Office for Landscape Maintenance and Green Spaces can grant permission to enter for allotment gardeners who are certified in a severely handicapped pass:
a. „aG“ – exceptionally handicapped
b. „H“ – in need of assistance
c. „G“ – disabled, degree of disability (GdB) of at least 80%.
(3) The paths of the allotment garden site are to be kept in good order by the allotment gardeners of each of the adjacent allotment gardens. They are to be kept free of herbs (no chemical control) and cleaned of dirt.
(4) In the event of black ice, only gritting materials with a gritting effect are to be used. Thawing substances (e.g. salts) are not permitted.
(5) The care and maintenance of the greenery along the paths, including existing hedges, is the responsibility of the allotment gardeners of the adjacent gardens, unless other regulations exist.
(6) The paths and areas not mentioned in paragraph 2 shall be maintained by community work unless this obligation is incumbent on third parties.
§ 7 Structural installations
(1) General regulations
(1.1) A written application must be submitted to the association for the erection of any kind of structures, in particular arbours, extensions and conversions, tool sheds, pergolas, barbecue fireplaces, greenhouses and other structures.
Structures may only be erected in accordance with existing building regulations and exclusively on sites specified by individual permission or in an overall plan of the garden site. A description of the intended building materials and the design of the exterior walls as well as the choice of colour must be approved before the erection or remodelling of an arbour.
The erection of the requested structures may only be commenced after receipt of the written building permit.
(1.2) Approved structures must be properly maintained; in particular, the painting of structures must not spoil the appearance of the individual garden or the allotment garden site.
In agreement with the district federation, the Office for Landscape Maintenance and Green Spaces may determine certain types of arbours for the various allotment garden sites and different arbour sizes in relation to the garden sizes and the layout of the plots.
(1.3) Advice on and supervision of the implementation of individual building projects is provided by the Kreisverband Kölner Gartenfreunde e.V. (Cologne allotment garden federation).
(1.4) Each tenant is obliged to insure the summerhouse and the permitted outbuildings sufficiently against fire.
(1.5) There is no obligation to build an arbour when leasing an allotment garden.
(1.6) In the event of a change of tenant, the following structural facilities shall be valued on the basis of the currently valid valuation guidelines of the Landesverband Rheinland der Gartenfreunde e.V.:
Arbour, covered outdoor seating area, tool shed, pergola and pond.
The value of all other structures is not determined. They can be offered for sale to the new tenant, but are not to be taken over. Otherwise the outgoing tenant is obliged to take them with him.
(2) Building regulations (2.1) Arbour
(building permit required)
In accordance with the Federal Law on Allotment and Leisure Gardens (Bundeskleingartengesetz) the construction of an arbour of simple design including a roofed outdoor seating area and a tool shed with a total area of not more than 24 m² (external dimensions of the walls) is permissible.
The arbour must not be suitable for permanent habitation by its nature, in particular by its equipment and furnishings.
A roof overhang of max. 100 cm is additionally permitted for the arbour on one side as rain protection, for the remaining sides a roof overhang of max. 50 cm applies.
The superstructures may only be single-storey.
It is not permitted to build a basement under the superstructure.
The installation of a fireplace is not permitted.
The arbour may not exceed the following heights (the dimensions apply from the upper edge of the screed). The upper edge of the screed may not be higher than 0.25 m above ground level):
Pent roof: top roof height 2.85 m, bottom roof height (eaves height (2.25 m).
Flat roof: roof height 2.6 m
Gable roof and other roof forms: Ridge height 3.75 m, eaves height 2.25 m
Vegetation monopitch roof: top eaves height 3.6 m, bottom eaves height 2.25 m.
Only 1 arbour may be erected in the single garden.
A boundary distance of 1.5 m to neighbouring gardens and 3 m to third-party properties must be observed.
Existing approved structures are protected.
(2.2) Tool shed
(building permit required)
Depending on the total built-up area (see arbour), a tool shed up to a maximum size of 6 m² made of wood, metal or plastic may be approved. Masonry is not permitted. A foundation is not permitted. The shed may not exceed the following heights: Flat roof: Roof height 2.25 m
Gable roof and other roof forms: Ridge height 2.5 m, eaves height 2 m.
Only 1 shed may be erected in a single garden.
A boundary distance of at least 50 cm from the neighbour must be maintained.
(2.3) Covered outdoor seating area
(building permit required)
A roofed outdoor seating area can be approved up to a maximum size of 12 m², depending on the built-up area (see arbour). The roofed outdoor seating area must adjoin at least one side of the arbour. A lateral roof overhang of max. 50 cm each is additionally permitted when calculating the covered area. Any form of weatherproof covering (e.g. tarpaulin, corrugated plastic) is considered roofed. Only 1 roofed outdoor seating area may be erected in an individual garden.
(2.4) Barbecue fireplaces and ovens
(building permit required)
In the allotment garden 1 barbecue fireplace or 1 baking oven is permitted with a total height including keystone and cover of max. 2.25 m and a floor space of max. 2 m².
When selecting the location, the fire regulations must be observed. Special attention must be paid to the fact that no barbecue or baking oven may be erected at a distance of less than 100 m from the edge of the forest. A connection to arbours and arbour porches is not permitted.
The barbecue or baking oven may not be used as a fireplace.
Existing barbecues and ovens which do not comply with the above regulations must be reduced or dismantled.
(2.5) Garden ponds
(building permit required)
The construction of 1 ornamental water pond (foil pond) in a size of up to 5 % of the garden area, max. 18 m², and a depth of max. 80 cm is permitted. Concreted water basins are not permitted.
Prefabricated pond forms are permitted up to a size of 3 m².
The tenant is responsible for ensuring that there is no risk of accidents.
A border distance of 1.5 m to the neighbouring garden must be observed.
(2.6) Fences, enclosures
(no building permit required)
Fences made of wood or metal constructions as well as topiary hedges within allotment garden sites and between individual plots must not exceed a height of 1.25 m. Fencing between individual plots is not compulsory.
However, each allotment gardener is obliged to erect an enclosure on the boundary of the plot together with his neighbour if even one of the two requests it. If the wish exists, a hedge (see § 8) should be preferred to „dead“ building materials.
The respective owners are responsible for the erection, repair and maintenance of the intermediate fences/hedges. The construction of a continuous concrete base wall fence is not permitted.
(2.7) Playground equipment and facilities
(Building permit required from the association)
(2.7.1) Basic principles
The tenant of the garden is responsible for the safety of all children’s play equipment and facilities within a garden plot.
The children’s play equipment and facilities are not structural installations within the meaning of § 7 of the garden regulations and are therefore not included in the calculation of the built-up area in the individual garden.
An application for the erection of play equipment is to be addressed to the respective association and will be processed by them and agreed with the applicant.
Permission is limited to the period until the child/children reach the age of 13. Afterwards, the permission expires and the playground equipment and facilities must be removed without leaving any residue.
The installation of 3 pieces of play equipment and facilities is permitted per garden, whereby only one of the two can be permitted if a play tower or playhouse is installed.
(2.7.2) Playhouse:
Only wood and plastic are permitted as building materials. The gable or flat roof may be covered with either wood, bituminous felt or foil. Roofing with heavy roof tiles is not permitted.
The ridge height of 1.5 m final height and the total size of 3 m² (external dimensions) may not be exceeded.
Neither window sashes nor door leaves may be installed in the openings of the playhouse.
A border distance of 1.5 m to the neighbouring garden must be maintained. The location of the playhouse must be agreed with the board of the association.
(2.7.3) Play tower:
Only wood is to be used as building material.
The gable or flat roof may be covered with wood, bituminous felt or foil. Roofing with heavy roof tiles is not permitted. The ridge height of 3.5 m final height and the total size of 4 m² (external dimensions) must not be exceeded.
Neither window sashes nor door leaves may be installed in the openings of the play tower.
The play tower must not be founded. The posts must be anchored with metal hammer-in sleeves.
The platform height must not exceed 1.5 m. The side wall or parapet height must not be less than 1.15 m.
A boundary distance of 3 m to the neighbouring garden must be maintained. The location must be agreed with the association’s board.
(2.7.4) Paddling pools:
The construction and installation of swimming pools of any size and design is not permitted. Existing pools are not protected and must be removed.
A commercially available paddling pool up to a maximum diameter of 3.5 m or 10 m² and a maximum height of 80 cm may be erected without application and permission. It may only be set up in the period from 01.05. to 30.09. of each year.
The paddling pools may only be filled with water without chemical additives.
(2.7.5) Slides and swings
A slide and a swing may be erected without application and permission. A border distance of 1.5 m to the neighbouring garden must be observed. The location is to be agreed with the association’s board.
(2.8) Pergolas
(building permit required)
(2.8.1) Open pergolas
Open pergolas are flat wooden or metal frameworks without a closed roof covering, which form a design link between the arbour and the outside space. They are permitted in a size of 4 % of the garden area, max. 15 m².
(2.8.2) Trellis structures
Trellis scaffolds (trellis scaffolds for the support of useful and ornamental plants) are permitted in addition to the pergola up to a maximum length of 10 m. The height of the trellis scaffold is limited to 2.5 m. The height is to be limited to 2.5 m.
(2.9) Terraces and garden paths
(no building permit required)
Terraces and garden paths may be built to the permitted extent without application and permission.
The pavement of the garden area including superstructures, terrace and paths may not exceed a total of one third of the total plot size.
Existing paved areas in excess of this must be reduced to this size in the event of a change of tenant.
Paved terraces are permitted up to 20 m² in size.
The concreting of terraces and garden paths is not permitted.
When choosing materials for terraces and paths, preference is to be given to natural materials. Examples are: Wood, bricks, natural stones, pebbles, untreated wood chips, lawn paths.
(2.10) Greenhouses
(building permit required)
Glass and foil greenhouses may not be attached to the arbour and the covered outdoor seating area. A border distance of 0.5 m to the neighbouring garden must be observed.
The erection of greenhouses of solid construction is permitted up to a maximum size of 7.5 m² and a ridge height of max. 2.25 m. The location must be agreed with the association’s board. The location must be agreed with the association’s board of directors.
Foil greenhouses may be approved up to a total size of 10 m². A sketch of the plan must be submitted.
Greenhouses may only be used for allotment gardening purposes (cultivation).
Only 1 greenhouse may be erected in an individual garden.
In the case of a change of tenant, the takeover of the greenhouse/foil house by the new tenant can only take place on a voluntary basis.
(2.11) Solar plants
(no building permit required)
A solar system is permitted up to a collector area of 2 m².
(2.12) Cold frames etc.
(no building permit required)
Cold frames up to max. 3 m²
Greenhouse tunnels up to max. 6 m² base area and a height of max. 0.6 m,
tomato shelters up to max. 6 m² floor space and a height of max. 1.8 m are permitted.
(2.13) Aerials and satellite dishes
The installation and erection of aerials and satellite dishes on the allotment garden site is not permitted. Existing installations must be removed.
(2.14) Building materials hazardous to health
Building materials of any kind which contain components hazardous to health or which have hazardous effects on soil, air and water must not be used. (2.15) Heating and cooking
The installation of wood, coal and oil stoves in the garden arbours is not permitted.
Commercially available gas stoves may be used to heat the gazebo and for cooking. The gas bottles are to be stored outside the arbour in a safe container. The allotment gardener is responsible for securing the entire gas installation against the risk of accidents. For further information see Annex No. 1, Propane Gas Leaflet.
(2.16) Party tents and simple pavilions
(no building permit required)
Party tents and simple pavilions are not building structures in the sense of § 7 of the garden regulations and, as long as they are easy and quick to erect and dismantle, are therefore not included in the calculation of the built-up area in the individual garden.
Party tents and pavilions serve exclusively as sun protection. Erection is only permitted in the period from 01.05. to 31.10. of each year. On certain occasions, e.g. celebrations, the setting up of tents for a longer period must be agreed with the association’s board of directors.
Foundations are not permitted.
Party tents and pavilions may not exceed a maximum size of 12 m².
(2.17) Garden number
The garden number shall be clearly displayed on the gate or entrance area of each garden.
(2.18) Wind Turbines
The erection of wind turbines is not permitted.
(2.19) Privacy screens
Screening elements are only permitted in wood and only in the terrace area instead of a screening hedge (see § 8 Hedges) to a maximum length of 5 m and with a maximum height of 1.8 m.
§ 8 Plantings
(1) When cultivating the allotment garden, consideration must be given to the crops in neighbouring gardens. Adverse effects on neighbouring plots must be avoided. Branches, twigs, runners and roots must not grow into neighbouring gardens in a disturbing or damaging manner or impair the accessibility of garden paths.
(2) The planting of large-growing woody plants, i.e. trees and shrubs which, after their natural development, reach a size of more than 4 m in height and 3 m in width, is not permitted.
(3) One high-stemmed fruit tree may be planted to provide shade for the arbour forecourt or seating area. A border distance of 4 m must be observed.
The planting of a large-growing sweet cherry fruit tree is not permitted. The Office for Landscape Management and Green Spaces decides whether to apply an exemption in the event of a change of tenant in a procedure agreed with the district association.
Tall and half-trunk fruit trees must be grown or pruned by appropriate measures so that neighbours are not impaired in the use of their garden plots by SChatten and other impacts.
Small-growing sweet cherry bushes on weak-growing rootstocks may be planted.
(4) When planting annual high crops, a boundary distance of 1.5 m,
for soft fruit a boundary distance of 1.5 m
for vines a boundary distance of 1.5 m
for ornamental shrubs, a boundary distance of 1.5 m
for espaliered fruit a boundary distance of 2 m
and a boundary distance of 3 m for semi-trunks.
(5) Height of growth of topiary hedges:
between the gardens and to the paths up to max. 1.25 m,
to the outer boundary of the allotment garden site up to max. 2.2 m,
as a screen in the arbour and terrace area (max. 5 m length) up to max. 1.8 m.
The hedge between the gardens can be erected on the garden boundary with the agreement of the tenants. If there is no agreement, a boundary distance of at least 0.8 m to the outer edge of the cut surface must be maintained. The use of the numerous, predominantly tall-growing and ecologically insignificant Thuja and false cypress species as hedge plants is not permitted. As an exception to this, a maximum of 5 m of hedge is permitted as a visual protection element in the area of the terrace.
Any thuja and mock cypress hedges existing beyond this must be removed at the latest when there is a change of tenant.
(6) In order to reduce plant diseases on fruit trees, the following must be observed:
The planting of Chinese juniper (Juniperus chinesis) in varieties as well as of the sade tree (Juniperus sabina) in varieties is prohibited due to their frequent function as intermediate host of pear lattice rust. Existing juniper plants/plant parts infested with rust must be destroyed immediately.
Plants/plant parts infested with fire blight or monilia spitzendürre are to be removed and destroyed immediately (burned, transported to a landfill site in a plastic bag), irrespective of a clearing ban.
The occurrence of fire blight must be reported to the NRW Chamber of Agriculture, Siebengebirgsstr. 200, 53229 Bonn, Tel. 0228/ 703-0.
To avoid excessive spread of fire blight and cherry fruit fly, the following plants should not be used: Ornamental quince (Chaenomeles), red and hawthorn (Crataegus), firethorn (Pyracantha), cotoneaster, honeysuckle (Lonicera), snowberry (Symphoricarpos).
(7) Grubbing up and removal of hedges, bushes, trees and reed beds is only permitted in the period from 01 October to 29 February.
§ 9 Organic Garden Management
(1) The use of natural materials and the biological management of the allotment garden are to be given priority.
(2) The use of chemical plant treatments (pesticides), especially herbicides, fungicides and insecticides, is not permitted.
(3) The selection of hardy and site-appropriate plants as well as the planting of bird and bee nourishing shrubs shall be encouraged.
(4) For further information see Annex No. 2, bird and bee nourishing shrubs shall be encouraged.
(5) The use of mineral fertilisers is prohibited. Soil fertility is to be ensured through the use of organic fertilisers and compost.
(6) The use of peat is prohibited.
§ 10 Keeping of small animals
(1) Keeping animals in the allotment gardens is not permitted.
(2) This prohibition does not apply to previously approved and existing animal husbandry. If animals are kept, they must be removed when there is a change of tenant.
(3) The keeping of bees is permitted on written application.
(4) The beekeeper must be a member of a professional association and provide proof of appropriate liability insurance. In all other respects, the statutory provisions applicable to beekeeping shall apply.
§ 11 Conclusion
These garden rules are valid for all garden tenants of the Kreisverband Kölner Gartenfreunde e.V. and replace all previously valid garden rules.
The garden rules come into force on 01.01.2013.