Guide

Berlin’s green roof requirement: what section 8 means for your building project

Since 1 January 2024, Berlin has required green roofs on new buildings. The legal basis is the sixth law amending the Berlin building code, passed by the Berlin Senate in December 2023 and in force since 30 December 2023. An additional exemption for disproportionate extra work has applied since 23 July 2026. For developers, project developers and architects, this is not a minor detail. It needs to be considered during planning because it affects structural load capacity, cost estimates and the documents needed for permission.

This article explains who the requirement applies to, its limits and the practical steps your project needs.

What exactly does section 8 of the Berlin building code cover?

§ 8 BauO Bln (section 8 of the Berlin building code, in German) covers unbuilt areas on developed sites and, since the amendment, explicitly includes green roofs. The central rule is that roofs with a pitch of up to ten degrees and an area of more than 100 m² must have a green roof unless another permitted use prevents this.

In practice, this means:

• Flat and low-pitched roofs on new buildings generally fall within the requirement.
• The 100 m² threshold refers to the total roof area, not individual roof sections.
• Another permitted use, such as photovoltaic panels, an accessible roof terrace or rooftop equipment, may limit the planting requirement for that part of the roof. It does not automatically remove the requirement for the whole roof.

Extensive or intensive: how does roof pitch affect the choice?

The required type of green roof depends on the roof pitch:

• Up to five degrees, intensive planting is specified. This can include usable green roofs with deeper substrate and, in some cases, planting that needs regular care.
• Between five and ten degrees, extensive planting is sufficient: a low-maintenance system with sedum, herbs and grasses in a shallower substrate layer.

For developers, choosing the roof build-up is therefore a building code decision, not simply a design detail. Decide no later than the structural design stage. Intensive and extensive systems differ considerably in build-up depth and weight, and therefore in the structural load capacity they need.

New exemption since July 2026: disproportionate extra work

The Gesetz für einfaches Bauen, the law to simplify building (in German) added a third sentence to section 8(1), effective from 23 July 2026. Where meeting the green roof requirement would involve disproportionate extra work, particularly for temporary buildings or structural retrofits to existing buildings, a departure from the requirement may be allowed. This does not affect the priority given to another permitted roof use, such as photovoltaics.

This exemption matters for existing buildings with limited spare structural load capacity. Discuss it with building control early rather than immediately planning costly structural strengthening.

Does the requirement also apply to existing buildings?

The rule primarily targets new buildings going through the building permission process. It may also apply to major roof refurbishments or alterations that need permission, depending on the case. The exemption for disproportionate extra work described above, available since July 2026, can be particularly relevant here. The responsible building control authority assesses each case, so discuss existing-building projects early, ideally at the preliminary building enquiry stage, when you can seek an initial planning decision before a full application.

Compliance evidence: who needs to document what?

The amendment also introduced an evidence requirement. For residential buildings with three or more homes, special-use buildings and commercial buildings, or where a local development plan requires it, compliance with section 8 must be demonstrated in a qualified landscape layout plan. This is a formal plan of the site’s open spaces and landscaping. Only someone authorised to submit building application documents may prepare it, usually an architect or an appropriately authorised planning practice.

For commercial building projects in Berlin, this landscape layout plan is therefore almost always a required part of the application documents, not an optional extra.

Combining photovoltaics and planting: the solar green roof

Many project developers ask whether green roofs and photovoltaics compete for space. In practice, they are compatible. Combining extensive planting with raised photovoltaic panels, known as a solar green roof, is permitted under building rules and is increasingly standard on commercial flat roofs. Vegetation cools the roof surface and can slightly improve panel output. The panels occupy only part of the area, leaving the rest for planting.

If your project already requires or plans to include photovoltaics, design both work packages together from the start rather than procuring them one after the other.

Why Berlin is taking this approach: sponge cities and heavy rainfall

The green roof requirement is not an isolated measure. It forms part of Berlin’s sponge city approach (in German) to heavy rainfall and heatwaves. Rainwater should be retained on site and evaporate rather than put pressure on the sewer network. Green roofs play a central role alongside infiltration areas and roofs designed to retain rainwater.

For developers and owners, the benefits go beyond compliance: lower stormwater fees, the local charges for rainwater discharged into the drainage network; a better microclimate on site; and a positive contribution to ESG and sustainability indicators. These practical benefits can be particularly valuable for commercial properties and their marketing.

Checklist for your next building project in Berlin

• Establish roof pitch and roof area early to check whether section 8 of the Berlin building code applies.
• For roofs over 100 m² with a pitch of up to ten degrees, allow for extensive or intensive planting in the structural design.
• Check which areas are allocated to photovoltaics, equipment or roof terraces, and plant the remaining area accordingly.
• For existing buildings with limited spare structural load capacity, check the exemption for disproportionate extra work under section 8(1), sentence 3 before planning expensive strengthening.
• For residential buildings with three or more homes, special-use buildings and commercial buildings, commission a qualified landscape layout plan in good time.
• Plan photovoltaics and planting together as a solar green roof from the start, rather than coordinating them later.

Frequently asked questions

This article does not replace legal advice or a binding statement from the responsible building control authority. Updated: September 2026, including the amendment introduced by the Gesetz für einfaches Bauen (GEB), the law to simplify building, of 23 July 2026.