Maintaining permanent protection for small farms should be ensured by law. - Guaranteeing perpetual safeguarding of small gardens mandated by law
In a bid to protect and preserve Berlin's valuable allotment gardens, the Berlin Senate has passed a bill known as the "Allotment Garden Area Security Act." This new law aims to safeguard allotment gardens on state-owned land, ensuring they remain primarily for gardening, green space, urban agriculture, recreation, and community benefit.
The Act, which will be decided upon in the House of Representatives, grants allotments a special legal status, shielding them from being repurposed or converted for other uses without meeting specific criteria. However, exceptions for allotment conversion are outlined in the law, generally allowing for conversion only if there is a compelling state interest or urban development need that outweighs the value of keeping the allotment intact.
The conversion process must also go through a formal administrative process that respects legal protections for allotments, and alternative spaces for allotments must be provided or compensatory measures taken to preserve urban green space. These exceptions ensure that allotments are not casually or arbitrarily transformed but only when justifiable and regulated exceptions are met.
The new law will affect 56,280 allotments on state-owned land, covering an area of 2,283 hectares. This represents approximately three percent of Berlin's total area. It is important to note that allotments on land not owned by the state, such as Deutsche Bahn's land, are not covered by the planned law.
Environment Senator Ute Bonde (CDU) has stated that garden plots will only be allowed to be converted in very limited cases in the future. Affected allotment holders must be offered replacement plots of the same size nearby if exceptions are made.
The draft of this bill will be discussed in the Council of Mayors before being submitted to the House of Representatives for a decision. The question of how effectively the disappearance of allotments on state-owned land can be prevented has been debated for a long time. The new law represents a significant step towards addressing this issue, balancing the need to protect allotments with the reality of urban development pressures.
This legal framework is consistent with common urban allotment protection laws in Germany, including Berlin, which strive to maintain allotments as community green resources while allowing exceptions in tightly controlled circumstances for conversion. Examples of when conversion may be necessary include the construction of affordable housing or for the construction of social and transport infrastructure.
The total area covered by allotment gardens in Berlin is approximately 2,900 hectares, with 870 gardens and around 70,700 plots. This network of green spaces plays a vital role in Berlin's urban landscape, providing not only a space for gardening but also for recreation and community engagement. The new law is a testament to the city's commitment to preserving these valuable resources for future generations.
- The Act, while aiming to safeguard Berlin's allotment gardens for gardening, green space, urban agriculture, recreation, and community benefit, also recognizes the need for exceptions in certain circumstances, such as the construction of affordable housing or social and transport infrastructure, thereby indirectly affecting the lifestyle and home-and-garden activities of residents.
- The new law, consistent with common urban allotment protection laws in Germany, including Berlin, aims to preserve allotment gardens as valuable community resources, promoting a balanced environment that prioritizes green spaces, urban development, and communal engagement, reflecting the city's commitment to maintaining a sustainable lifestyle and environment for future generations.
