Building planning law
Building planning law deals with the possibilities for the use of land. It regulates where and what may be built. Individual building projects are seen in a larger urban planning context.
Building planning law in public building law
Building planning law deals with the possibilities for the use of land. It regulates where and what may be built. Individual building projects are seen in a larger urban planning context.
Planning sovereignty lies with the municipality, which can thus steer urban development. The municipalities are therefore authorized to determine the development in their area in a legally binding manner by drawing up development plans.
The legal regulations for a construction project are therefore derived from the respective development plans.
The purpose of urban land-use planning is to ensure a humane environment, to protect and develop the natural foundations of life, to promote climate protection and climate adaptation and to preserve and develop the urban design and the townscape and landscape in terms of building culture.
Land use plan
A land use plan (FNP) is a preparatory land-use plan. It organizes the spatial development of the entire municipal area and is rather coarse-meshed in comparison to the development plan. The land use plan maps out the objectives of a municipality for its further urban land-use planning without having any external legal effect. This means that a land use plan has no significance for the permissibility of a building project in an area for which a development plan area applies or which is located in an unplanned inner area.
The land use plan is only relevant for the permissibility of individual construction projects - privileged projects - in outdoor areas.
A land use plan contains land use designations such as residential, commercial, traffic, recreation, agriculture, public use and special locations.
Development plan
A development plan regulates the urban development order in conjunction with the German Land Use Ordinance as a legally binding land-use plan. It makes stipulations that take into account general requirements for healthy living and working conditions, population development, social, sporting and cultural needs of the population, environmental and climate protection or the design of the townscape. These stipulations are specified by the type and extent of building use, construction method and buildable plot area in the Building Use Ordinance and are decisive for the permissibility of projects.
In addition to the planning regulations, a development plan can also make design specifications based on the Hessian Building Code (HBO). These can relate, for example, to the external design of the buildings, the open areas of the property and enclosures or advertising structures.
The Building Code distinguishes between three types of development plans.
Qualified development plan
A qualified development plan specifies the type and extent of building use, the areas of land that can be built on and the local traffic areas. However, it is not necessary to exhaust all the possible stipulations.
Simple development plan
As the German Building Code (BauGB) does not prescribe any specific minimum content for development plans, it is up to the municipality to make the necessary stipulations in a development plan in accordance with its planning concept. However, if there are no stipulations regarding the type and extent of building use or the areas of land that can be built on or the local traffic areas, the plan is a simple development plan.
Simple development plan before project-related development plan
It does not matter whether a simple development plan contains very detailed stipulations or not. However, even within the framework of a simple development plan, secured development is a prerequisite for the permissibility of a project.
If there are no corresponding stipulations in a simple development plan, the criteria of integration pursuant to Section 34 (permissibility of projects within built-up areas) (1) BauGB are particularly relevant.
Project-related development plan
A project-related development plan does not necessarily have to meet the requirements of a qualified development plan. With regard to the assessment of whether a construction project is permissible or not, the project-related development plan is treated in the same way as a qualified development plan.
Projects in accordance with §34 and §35 of the Building Code
Projects within the built-up districts (§34 BauGB)
For projects planned within a built-up urban area, the general rule is that they must fit in with the character of the immediate surroundings in terms of the type and extent of building use, construction method and the built-up area of the property.
Projects in outdoor areas (§35 BauGB)
Section 35 BauGB stipulates that the outdoor area should generally be kept free of development. Restrictions to this principle only apply to favored and privileged projects (e.g. agricultural and forestry uses), which are only permitted under certain conditions.
Land Use Ordinance
The German Land Use Ordinance (BauNVO) is the legal basis for the options available in a development plan. It essentially contains regulations on the representation and type and extent of the structural use of a property, the construction method and the buildable area in urban land-use plans.
Municipalities are bound by the provisions of the Land Use Ordinance in their urban land-use planning and can therefore only make stipulations that are permitted by the Land Use Ordinance.
You can find out more about the Land Use Ordinance and its various versions and amending ordinances in the lexicon.
Type of building use
In addition, the areas intended for development can be shown in the development plan according to their particular type of constructional use as:
- Small residential areas (WS),
- purely residential areas (WR),
- general residential areas (WA),
- special residential areas (WB),
- village areas (MD),
- mixed-use areas (MI),
- core areas (MK),
- commercial areas (GE),
- industrial areas (GI),
- special areas (SO).
For each building area, there are regulations that determine the type of projects that are permitted in the designated building area. This means that certain usage structures are specified within building areas, thereby influencing urban development.
Extent of building use
In addition to the type of building use, the BauNVO also regulates the extent of building use. In most cases, it defines guideline or maximum values for the specifications to be made in the development plan:
- The height of building structures indicates how high a building structure may be in relation to a reference point (for example the upper edge of the road).
- the floor area ratio (GRZ) (opens in a new tab)
- the number of storeys (GFZ) (opens in a new tab)
- the building mass index (BMZ)
The GRZ, GFZ and BMZ can also be specified as absolute values - i.e. in specific square or cubic meters. Rules apply to the respective calculation, and there are also rules on the permissibility of garages, parking spaces, communal facilities, ancillary facilities and structures below ground level. When determining the extent of building use, upper limits must be observed for each building area.
Construction method
The construction method can be specified as an open or closed construction method or as a deviating construction method.
If the building is more than 50 meters long, it is referred to as a closed construction method. In a closed construction method, buildings must be built on the neighboring boundary - without lateral spacing - as long as the development plan specifies a buildable area.
In an open construction method, the length of the different house shapes may not exceed 50 meters. Single or semi-detached houses or groups of houses can be built. In addition, stipulations can be made that, for example, only detached houses, only semi-detached houses or only groups of houses are permitted on certain areas, or even two of these house types. The stipulation of the open construction method is linked to regulations on compliance with distances between the property boundary and the building.
It is also possible to specify a deviating construction method in which, for example, buildings may or must be built with smaller distances or without distances for certain parts of the building.
Building lines, building boundaries, building depths
The buildable plot area is determined by setting building lines, building boundaries and/or building depths.
The definition of building areas by means of building lines and boundaries, known as "building windows", is the rule in most development plans. Building projects must remain within the building window. Depending on the stipulation, outbuildings and garages may be permitted outside the building window.
Building windows can also be defined at the same time as the GRZ, GFZ or BMZ. In these cases, full utilization of the building window is not possible if the other specifications would be exceeded.
In contrast to the building boundary, from which it is permitted to step back, a building line must be built directly on. Such building lines are often used in areas with perimeter block developments where it is necessary to maintain a strict or uniform building line.
Statutes
In addition to urban land-use planning, there are also statutes in place for urban redevelopment and the preservation of the cityscape. Such bylaws allow municipalities to prevent certain structural and other developments if they contradict the objectives of urban redevelopment or the preservation of the cityscape. The respective bylaws specify the area to which they apply and the scope of application.
Security statutes Kostheim/Kastel
The "Kostheim/Kastel" urban areas are subject to the safeguarding statute on the socially acceptable implementation of urban redevelopment measures that serve the common good. The safeguarding statute is intended to help ensure that the settlement structure is adapted to the requirements of population and economic development, that living and working conditions and the environment are improved, that inner-city areas are strengthened and that new uses or compatible interim uses are made possible in buildings that no longer meet requirements.
Townscape statutes for Medenbach, Auringen and Kloppenheim
For the Medenbach, Auringen and Kloppenheim districts, the townscape statutes apply to the preservation of buildings and the individual character of the area due to its urban design. The aim of the statutes is to protect urban monuments and thus to preserve buildings due to their intrinsic value for the urban character of the area. The buildings themselves do not have to be listed for this. The intrinsic value of the building can be justified by its visual significance and its effect in the specific urban context.
Approval in accordance with the statutes is granted by the state capital of Wiesbaden and is included in the building permit.
Further statutes relating to the eligibility for approval of projects can be found via the link.
The building code
Building regulations are subject to the sovereignty of the federal states and are regulated in the respective state building regulations. Among other things, it serves to avert danger and ensure regulated structural coexistence. In particular, life and health should not be endangered by building structures. The building regulations therefore contain, in particular, the legal requirements that must be complied with by those involved in the construction when erecting, modifying, changing the use of and demolishing buildings and other structures and facilities and when using land for construction purposes.
Essential functions of building regulations law:
- Averting danger in the construction sector
- Compliance with other statutory provisions
- Ensuring minimum social standards
- Enforcement of urban land-use planning
- Prevention of disfigurement
In addition, building regulations also contain more and more provisions for the implementation of social and ecological concerns.