Bavarian building regulations
| Basic data | |
|---|---|
| Title: | Bavarian building regulations |
| Abbreviation: | BayBO |
| Type: | State Law |
| Scope: | Free State of Bavaria |
| Legal matter: | Building law |
| References : | BayRS 2132-1-I |
| Original version from: | August 1, 1962 (GVBl. P. 179, ber.p. 250) |
| Entry into force on: | predominantly October 1, 1962 (authorization to issue ordinances on August 1, 1962) |
| New announcement from: | August 14, 2007 (GVBl. P. 588) |
| Last change by: | July 24, 2019 (GVBl. P. 408) |
| Effective date of the last change: |
August 1, 2019 |
| Weblink: | Text of the order |
| Please note the note on the applicable legal version. | |
The Bavarian Building Code (BayBO) of the Free State of Bavaria is a state law . It applies primarily to structures and construction products, but also to properties, systems and facilities that are subject to requirements under this Act.
Like other building codes, it regulates the requirements that must be observed in building projects.
Amendment of November 17, 2014
In the plenary session of the Bavarian State Parliament on November 12, 2014, a majority of the CSU decided to amend Articles 82 and 83 (so-called 10H rule). The change came into effect on November 21, 2014. It is the nationwide strictest distance rule for wind turbines .
Article 82 stipulates that the privileged outdoor area in accordance with Section 35 (1) BauGB for wind turbines is revoked if the distance to residential buildings in built-up areas or built-up districts is less than ten times the total height (hub height plus half the rotor diameter). The erection of such a wind energy installation within this distance is therefore only possible if the location is defined by a corresponding development plan for the interior area.
This restriction does not reduce the area available in Bavaria for the construction of new wind turbines as shown in the regional plans. In the wind power industry and by energy producers (such as Stadtwerke München ) this regulation is still rejected because it allows the affected communities to have an active say.
To November 19, 2014 was against the amendment of the Building Regulations popular action at the Bavarian Constitutional Court submitted u. a. by the former member of the Bundestag of the Greens , Hans-Josef Fell . On May 9, 2016, the court ruled that the regulation was constitutional. In particular, the court pointed out that a builder had no claim to the construction of the technically largest possible wind turbine or to maximizing yield.
Further court decisions meanwhile specify how the 10H rule will be applied. This includes B. a decision of the Administrative Court in Munich from 2019, which deals with facilities that were approved before the introduction of the 10H rule but not yet built.
See also
Individual evidence
- ↑ Jürgen Umlauft: Government faction enforces the 10H rule for the construction of new wind turbines. Bavarian State Parliament, November 12, 2014, accessed on November 23, 2014 .
- ↑ Against the wind - wind power under discussion. DocThema - Political Documentation. In: www.br.de. Bayerische Rundfunk (BR) , June 17, 2020, accessed on July 12, 2020 (video report online until June 17, 2025).
- ↑ Information on the planning and approval of wind turbines (WTs) (wind energy decree), section 2.2. Bavarian State Ministries of the Interior, for Building and Transport, for Education and Culture, Science and Art, Finances, for Regional Development and Homeland, for Economy and Media, Energy and Technology, for Environment and Consumer Protection, for Food, Agriculture and Forestry and for Health and maintenance, July 19, 2016, accessed October 12, 2018 .
- ↑ Popular lawsuit. (PDF; 848 kB) Hans Josef Fell, November 19, 2014, archived from the original on November 29, 2014 ; Retrieved on November 23, 2014 (original website no longer available).
- ↑ Lorenz Storch, Max Muth: 10H distance rule is constitutional. Bayerischer Rundfunk, May 9, 2016, archived from the original on February 23, 2017 ; accessed on May 9, 2016 (original website no longer available).
- ↑ Landshuter Wochenblatt: Pfettrach wind power dispute threatens a number of wind power plants, September 11, 2019.
