Investor Guide
2026-10-10 08:25

Großflächiger Einzelhandel (large-scale retail): The 800 m² Line That Decides Where a Supermarket May Be Built

Großflächiger Einzelhandel is the German planning-law term for stores with more than 800 m² of sales area; those that can have more than minor effects on their surroundings may be built only in core areas or special zones designated for them. For an investor the rule makes well-zoned sites scarce — and decides whether the store it owns can grow.

What it is

The rule in § 11(3) sentence 1 no. 2 BauNVO covers large-scale retail stores that, by type, location or size, can have more than minor effects on the goals of regional planning or on urban development. Such stores are permissible only in core areas (Kerngebiete) and in special zones designated for them (Sondergebiete). The test has two steps.
Size. A store is large-scale once its sales area exceeds 800 m² (BVerwG, 24 November 2005, 4 C 10.04). Sales area includes counters customers may not enter, the checkout zone with its packing area and the entrance lobby; storage and separate preparation rooms do not count. The same day, the court counted a separately run bakery and newsagent in the same building towards a food store's sales area, but not a drinks store alongside a discounter.
Effects. These include effects on traffic, local supply and central shopping areas, also in other municipalities (§ 11(3) sentence 2 BauNVO). They are presumed as a rule once floor space (Geschossfläche) exceeds 1,200 m². The presumption can be rebutted either way, having regard to the size and structure of the municipality, local supply and the store's range of goods (sentences 3 and 4).

Why it matters to investors

For years many discounters were built just below the line: 799 m² recurs in German development plans. Today's formats have outgrown it, so enlarging an older store usually means new planning permission, often a new development plan (Part 3). A plot whose plan already allows a large, modern store is therefore worth more.
Scarcity protects the incumbent only as a side effect: planning law is neutral towards competition, and an existing store has no claim to be shielded from a new rival (BVerwG, 10 July 2020, 4 BN 50.19). The special zone that keeps rivals out usually also caps the store's sales area, and often its range of goods.

What to check

• The zoning of the plot — core area, special zone or other — and any cap on sales area or range of goods.
• The permitted sales area, recalculated as the court defines it, against the store as it trades today.
• Whether the extension the tenant will want at renewal fits the plan or needs a new one.
• The town's status as a central place in the regional plan, which development plans must follow (§ 1(4) BauGB).
Related terms: Bebauungsplan · Bestandsschutz · Ankermieter
Sources: BauNVO § 11(3); BauGB § 1(4); BVerwG, judgment of 24 November 2005, 4 C 10.04, and press release no. 63/2005; BVerwG, decision of 10 July 2020, 4 BN 50.19; Gordon Real Estate Group, "German Prime Retail", Parts 3 and 5. Legal position as of 10 October 2026.
Photo: Peter Herrmann / Unsplash
This entry is general information and not legal or tax advice.