Building law
Public building law consists of legal provisions in the three areas of building planning law, building regulations law and ancillary building law. Other regulations relevant to building law are summarized under ancillary building law.
Overview
Public building law comprises the legal provisions relating to the permissibility and implementation of a building project with regard to building planning law, building regulations law and ancillary building law. The task of public building law is to safeguard the interests of municipal planning sovereignty as well as public safety and order.
In addition to public building law, there is private building law, which serves to protect the private interests of those involved in the construction, such as neighbor law or contract law. Compliance with these regulations is not the responsibility of the building inspectorate, but is the responsibility of the neighbors or contractual partners involved.
The provisions of the Hessian Neighbor Law (NachbG) are also of a purely private law nature. Compliance with this law is therefore not the responsibility of the building inspectorate and is also not subject to the scope of inspection.
The building inspectorate is responsible for ensuring compliance with the provisions of public building law. Public building law includes provisions of federal and state law and distinguishes between building planning law and building regulations. The Federal Building Code (BauGB) in conjunction with the Building Utilization Ordinance (BauNVO) and the Planning Drawing Ordinance (PlanZVO) are among the federal regulations, while the Hessian Building Code (HBO) and the Hessian Monument Protection Act (DSchG) are among the state regulations. In addition to the laws and ordinances, there are numerous statutes that have been issued on the basis of the BauGB or the HBO. Building regulations law and building planning law are directly interrelated.
For example, regulations on the spacing of buildings can be found both in building planning law - for example by specifying an open construction method and lateral building boundaries - and in building regulations law - in this case through compliance with spacing requirements.
The connection is also evident when planning permission is granted. In the building permit procedure, the building inspectorate always checks that the building planning regulations of the German Building Code and the German Land Use Ordinance (BauNVO) are complied with. This also applies if, for example in the simplified building permit procedure, the regulations of the state building code (here: Hessian building code HBO) are only to be checked to a limited extent.
Building planning law deals with the permitted possibilities for the use of land. It regulates where and what may be built and how densely. Individual building projects are seen in a larger urban planning context.
Building regulations are subject to the sovereignty of the federal states and are regulated in the respective state building regulations. Above all, it serves to avert danger and ensure regulated structural coexistence. The provisions of the building regulations are largely the responsibility of the drafters to comply with. Compliance is only checked by the building inspectorate for larger or special building projects (special buildings).
Ancillary building law refers to the specialist legal regulations that must be observed by the client in a building project as part of a building permit procedure or during construction. These include, for example, monument or nature conservation law. In most cases, the requirements from these regulations must also be checked and complied with by the drafters themselves; they are only checked in some cases as part of the building permit procedure.
Do you have any questions?
For a detailed consultation, it is best to make an appointment. Appointments for a consultation via video conference, telephone or in person on site in the building supervision building at Gustav-Stresemann-Ring 15 can be arranged individually for any working day of the week.
Please tell us your name, your request, the preferred form of consultation - online, by telephone, in person - and your contact details (telephone/email). We will then get in touch with you as soon as possible to arrange a specific appointment.
You can also send us your appointment request by e-mail:
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You can also send specific questions directly by e-mail to
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