Wind turbine (WTG) for house roofs Garden Industry Agriculture
Noise protection: also applies to wind turbines³
According to § 48 of the Federal Immission Control Act (BImSchG),
Para. 6.1 (TA-Lärm) of August 26, 1998:
The following noise level applies at night (10 p.m. to 6 a.m.):
- in industrial areas:
- in industrial estates:
- in urban areas:
- in core, village and mixed areas:
- in general residential areas and small housing estates:
- in purely residential areas, spa areas, for hospitals and nursing homes:
70 dB(A)
50 “
45 “
45 “
40 “
35 dB(A)
To prevent the noise limits from being exceeded:
Good (professional) wind turbines can be braked automatically at corresponding speeds/speeds!
Plug-in systems³
Federal Law Gazette Part I, 2024 Issued in Bonn on May 15, 2024 No. 151
Act to amend the Renewable Energy Sources Act and other energy industry regulations to increase the expansion of photovoltaic energy generation May 8, 2024
According to information from the Verband der Elektrotechnik Elektronik Informationstechnik e.V. (VDE), transferred by us to plug-in wind turbines, the following should therefore currently apply³:
The amendment to the law removes the obligation to register plug-in systems up to 800VA (VA = apparent power ≈ W) with the grid operator. What remains is registration in the Federal Network Agency’s market master data register, which must be completed within one month of commissioning the system. However, it is important to note that remuneration for electricity fed into the public grid is only paid if the required registration with the grid operator has been completed. This registration is required in accordance with the currently valid technical connection regulations “Generation plants on the low-voltage grid” (VDE-AR-N 4105). This regulation is currently being revised in order to eliminate the contradiction, as according to the amended EEG, grid operators are not allowed to require notifications for plug-in devices with an output of up to 2 kilowatts and an inverter output of up to 800 VA (≈W).
A bidirectional meter can be retrofitted! A new feature is that a bidirectional meter does not have to be installed immediately when micro or small systems are commissioned. When the system is registered in the market master data register, it is automatically checked whether a meter change is required. All further steps are carried out independently by grid and metering point operators. A bidirectional meter ensures that your own electricity consumption and the energy generated by the plug-in system are recorded separately and in compliance with calibration law. This creates the prerequisite for remuneration when feeding into the public grid, whereby registration with the grid operator is required.
Technical safety has priority! Balcony PV systems, like all other large PV systems, must be technically safe and should also be able to be installed safely by non-professionals. According to the currently valid VDE application rule for low-voltage generation systems (VDE-AR-N 4105), plug-in systems with an apparent inverter power of up to 600 VA (≈W) can be put into operation without a specialist electrical contractor. Only tested products should be used and it is advisable to have your own domestic installation checked by a specialist before installation. The connection of plug-in PV systems to the power grid is still only permitted via a special energy plug (e.g. Wieland plug RST20i3) in accordance with the requirements of DIN VDE 0100-551 and DIN VDE V 0100-551-1 or a fixed connection. This means that they can also be fed into the public power grid. The planned publication of the DIN VDE V 0126-95 product standard will define further solutions for use with a household socket.
Source: VDE Plug-in PV systems: What is now possible
Building law: Excerpts from state building regulations³ (without guarantee):
Explanation: PROCEDURE-FREE = no approval from and no notification to the building authority required
–> A preliminary building application addressed to your local building authority is of course always possible, but not necessary in the case of “procedure-free”!
Baden-Württemberg -> no procedure required up to a total height of 10m
State Building Regulations for Baden-Württemberg (LBO)
§ Section 50 Procedurally exempt projects
(1) The construction of the installations and facilities listed in the Annex is exempt from the procedure. Annex: d) Wind turbines up to 10 m in height;
Bavaria -> procedure-free up to 10m total height
Joint announcement by the Bavarian State Ministries of the Interior, Building and Transport, Education and Culture, Science and the Arts, Finance, Regional Development and Home Affairs, Economic Affairs and Media, Energy and Technology, Environment and Consumer Protection, Food, Agriculture and Forestry, and Health and Care
dated July 19, 2016
Information on the planning and approval of wind turbines (WTG) (Wind Energy Decree – BayWEE)
Wind turbines up to a total height of the mast and rotor of 10 m are exempt from planning permission (Art. 57 Para. 1 No. 3 letter b of the Bavarian Building Code – BayBO). 2 Up to a total height of 50 m, they require building authority approval
Brandenburg -> Permit-free up to 10m total height
Brandenburg Building Code (BbgBO) In the version published on November 15, 2018, last amended by the Act of September 28, 2023(GVBl.I/23, [No. 18])
§ Section 61 Projects not requiring approval
(1) Planning permission is not required: 3. The following renewable energy installations c) Wind turbines up to 10 meters in height measured from the ground surface to the highest point of the surface covered by the rotor and a rotor diameter of up to 3 meters, except in purely residential areas,
Bremen (+Bremerhaven) -> no procedural exemption!
Bremen State Building Regulations (BremLBO)
As far as we know, there is no exemption for wind turbines under 10 m in height. Turbines must therefore be applied for and approved (in advance)!
Hamburg -> exempt from procedures up to 10 or 15m total height
Hamburg Building Code (HBauO) From December 14, 2005
1. construction and modification of installations
2. installations of technical building equipment with the exception of free-standing exhaust systems with a height of more than 10 m,
2a3. Wind turbines up to a height of 10 m measured from the ground surface to the highest point of the surface covered by the rotor and a rotor diameter of up to three meters, except in purely residential areas and wind turbines with a total height of up to 15 m above the ground surface in designated commercial and industrial areas and in the port use area;
Mecklenburg-Western Pomerania -> procedure-free up to 10m total height
Mecklenburg-Vorpommern State Building Regulations (LBauO M-V)
§ 61 Construction projects not subject to procedure, removal of installations
3. the following renewable energy installations:
c) Wind turbines up to 10 m in height, measured from the ground surface to the highest point of the surface covered by the rotor and a rotor diameter of up to 3 m, except in pure, general and special residential areas and in mixed-use areas;
Lower Saxony -> procedure-free up to 15m total height or 2m on/above a roof
Law amending the Lower Saxony Building Code (NBauO ) of November 10, 2021, §60 procedure-free construction measures, in the appendix to the NBauO:
Wind turbines (WTGs) in commercial and industrial areas, if the building areas are defined by a development plan in accordance with Section 30 (1) or (2) BauGB, and in outdoor areas
a) on buildings up to 2 m total height of the wind turbine (WTG) measured from the intersection of the wind turbine with the outer surface of the building and
b) otherwise up to 15 m total height of the wind turbine measured from the ground surface, except on or in the vicinity of cultural and natural monuments.
North Rhine-Westphalia -> no procedure required up to a total height of 10m
BauO NRW 2018 Section 62(1)(3)(c), amended in December 2022
§ Section 62 (Fn 15) Construction projects not subject to procedure, removal of installations
3. the following installations for the use of renewable energies:
c) small wind turbines (WTGs) up to 10 m in total height and the associated change in the use or external appearance of the building, except in pure, general and special residential areas and mixed areas
Rhineland-Palatinate -> procedure-free up to 10m total height or 2m on/above a roof
Rhineland-Palatinate State Building Regulations (LBauO) dated November 24, 1998
§ Section 61 Construction projects not subject to procedure, removal of installations Para. 4 Masts, antennas and similar structures
f) Wind turbines up to a total height of 10 m, on roofs up to a total height of 2 m, in commercial and industrial areas as well as in outdoor areas, if they serve a project permitted under Section 35 (1) BauGB, including the associated changes of use of structural facilities; the requirements of Section 66 (3) sentences 4 and 5 apply; wind turbines on or near cultural monuments and in the vicinity of cultural and natural monuments are excluded;
Court: Wind turbines allowed for personal use in the garden; Story published by dpa, 18.04.2024
Small wind turbines may also be installed in private gardens to generate electricity. This was decided by the Rhineland-Palatinate Higher Administrative Court in Koblenz in its ruling on 4 April 2024. The district of Altenkirchen had prohibited residents from erecting four so-called small wind turbines with a height of 6.50 meters in private outdoor areas if they would not feed electricity into the public grid. The Rhineland-Palatinate Higher Administrative Court had already upheld the residents’ complaint, and the appeal lodged by the district against this has now also been rejected. This means that the district is obliged to issue a preliminary building permit for the erection of small wind turbines in private outdoor areas, regardless of whether the electricity generated by them is to be used for personal consumption or fed into the public electricity grid. The court justified this on the grounds that the plaintiffs’ project was environmentally friendly and conserves resources, which is also the case for private use.
Schleswig-Holstein -> procedure-free up to 10m total height
State Building Regulations for the State of Schleswig-Holstein (Landesbauordnung – LBO) from December 6, 2021
§ 62 Projects not requiring approval
Wind turbines up to a height of 10 m measured from the ground surface to the highest point of the surface covered by the rotor and a rotor diameter of up to 3 m in small residential, core, commercial and industrial areas as well as in comparable special areas and in outdoor areas, unless they are protected parts of nature and landscape within the meaning of Section 20(2) of the Federal Nature Conservation Act or Natura 2000 areas within the meaning of Section 7(1)(8) of the Federal Nature Conservation Act, provided that they are not attached to or erected on cultural monuments or in the protected area surrounding cultural monuments;
Note: The law is currently being revised!
Legalnotice, disclaimer: The information provided on this website does not constitute legal advice. We recommend that you obtain information in advance from your local building authority or grid operator regarding the installation, connection and operation of wind turbines or consult a lawyer for specific legal questions. We accept no liability for illegally installed turbines.
