Higher Regional Court (OVG) Magdeburg: The use of a campsite remains prohibited.

A campsite, as a complete building complex, requires a building permit – permits for individual buildings on the site are not sufficient.

Background: Permit requirement and delimitation

The Higher Regional Court (OVG) Magdeburg had to decide by order of 25 September 2025 (Az. 2 M 83/25) on the lawfulness of an administrative prohibition of use which affected a campsite that had been operating for decades. The central question was whether such a facility could continue to operate without an express building permit if permits existed for individual buildings – such as a sanitary building – on the site.

The judges made clear that a campsite is not merely a collection of individual structures, but constitutes an independent complete building complex. It therefore falls under the regulations of the building code, here that of the state of Saxony-Anhalt (BauO LSA), and as such requires a formal permit. Individual permits for ancillary buildings are not sufficient to legally legitimise the use of the entire facility.

The precise issue: Decades of use and modifications

Since 2011, the owner had been a co-owner of an area located on the Großer Sch-See that had been operated as a campsite since the early 1990s. Over the years, there were considerable structural changes. In addition to a sanitary building already permitted in 1992, numerous new facilities were erected: a restaurant with kiosk, approximately twenty permanently installed mobile homes, several so-called Finnhütten, i.e. shelter structures, as well as a large number of enclosed caravans used as permanent camping accommodation.

However, a building permit for the complete campsite complex did not exist. The responsible building authority therefore initially prohibited the then-operator from using it. After the latter ceased its activities, in May 2024 a prohibition of use was issued directly against the property owner. Despite the administrative orders, the site continued to be used. The authority then resorted to stronger measures: it sealed the facility, threatened administrative fines and ultimately also arranged for the discontinuation of the power supply. The owner opposed these measures with objections and urgent applications, which, however, were unsuccessful.

The decision of the OVG: formal illegality prevails in the case of a campsite

The OVG Magdeburg confirmed the approach of the building authority. The campsite was an independent building facility that required an express permit. The fact that a permit existed for individual buildings – in particular the sanitary building – did not change this. This is because the permit for an individual facility cannot replace the missing permit for the complete facility.

Nor could a claim to grandfathered rights be demonstrated. Although the owner relied on the long-standing use and on the fact that individual structures had been erected during GDR times, the court made clear that anyone claiming grandfathered rights must prove them. Mere toleration by authorities over decades does not create legal reliance protection. Neither the issuance of an individual permit nor the earlier acquisition of the properties or state subsidies create a permit situation that could justify further operation.

According to the court, the prohibition was also proportionate. Precisely because the campsite was no longer identical to the former operation after the modifications since 2011, the authority was entitled to intervene. The accompanying measures such as the sealing of the site and the disconnection of the power supply were also lawful. The court saw no excessive burden in this, as the continued use had to be prevented despite the prohibition. Even the sanitary building did not have to be exempted from this, because it is functionally directly linked to the operation of the campsite.

Significance for practice: Creating legal certainty through permits

The decision makes clear that operators and owners of campsites cannot rely on old permits for individual objects or long-standing toleration. What is decisive is always the formal permit for the complete facility. Without this, there is a considerable risk that use will be prohibited and enforced – even if individual buildings are permitted or subsidies have been granted.

For owners, this means that they should have their facilities checked early on for building law compliance. Anyone operating a campsite or a comparable leisure and holiday facility must ensure that the building law requirements are fully met. Otherwise, there is a risk not only of prohibitions of use, but also drastic enforcement measures such as sealing or the interruption of power supply.

Recommendation from our firm

We strongly advise owners and operators of campsites to have the permit situation comprehensively reviewed. Individual old permits or reference to grandfathered rights are not sufficient to secure use in the long term. Those who provide clarity in good time avoid expensive proceedings, administrative fines and operational losses.

The experts at AVANTCORE Rechtsanwälte in Stuttgart are available to you as competent partners in public building law. We support you in identifying existing risks, developing permit strategies and putting your facilities on a legally secure footing.