Building Use Ordinance
| Basic data | |
|---|---|
| Title: | Ordinance on the structural use of the land |
| Short title: | Building Use Ordinance |
| Abbreviation: | BauNVO |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Legal matter: | Public building law |
| References : | 213-1-2 |
| Original version from: | June 26, 1962 ( BGBl. I p. 429 ) |
| Entry into force on: | August 1, 1962 |
| New announcement from: | November 21, 2017 ( BGBl. I p. 3786 ) |
| Last change by: |
Art. 2 G of May 4, 2017 ( Federal Law Gazette I p. 1057, 1062 ) |
| Effective date of the last change: |
May 13, 2017 (Art. 5 G of May 4, 2017) |
| GESTA : | N024 |
| Weblink: | Text of the regulation |
| Please note the note on the applicable legal version. | |
The Building Utilization Ordinance ( BauNVO for short ) in Germany determines the possible stipulations regarding the type and extent of the structural use of a property (Sections 1 and 2), the construction method and the area of the property that can be built over (Section 3) in master plans . Due to the ordinance authorization of Section 9a of the Building Code , the municipalities are bound by the provisions of the Building Use Ordinance in terms of land use planning, so they can basically only make those stipulations that the Building Use Ordinance allows.
Unless transitional provisions apply, stipulations in the master plan always refer to the version of the building use ordinance applicable on the first day of the public display of the master plan (FNP, B-Plan) in accordance with Section 3 (2) BauGB. This means that it is not a matter of "dynamic references" in the sense of a determination in accordance with the currently valid version; rather, stipulations in land-use plans are to be understood in such a way that they take over the corresponding content of the applicable building use ordinance. If, for example, a "core area" is defined as the type of structural use for an area in a development plan in 1966, the permissible use in this area is still determined today according to the provisions of BauNVO 1962. This can be imagined as whether all relevant provisions of the BauNVO, which are referred to in the form of stipulations in the land-use plan, are written off into the land-use plan.
According to Section 34 (2) BauGB, Sections 1 to 15 BauNVO are also applicable to unplanned interior areas under certain conditions with regard to the type of use . The current building use ordinance applies to actual building areas.
Type of structural use
The first section of the BauNVO describes the type of structural use for areas intended for building. A distinction is made between building areas (only in the zoning plan ) and building areas (also in the development plan ).
Structural use of construction areas
The construction areas are classified according to Section 1 (1) BauNVO as follows:
| Residential areas | W. |
| Mixed construction areas | M. |
| Commercial building land | G |
| Special construction areas | S. |
Building use of building areas
The subdivision of the building areas is carried out according to § 1 Abs. 2 BauNVO as follows:
| Small settlement areas | WS | § 2 BauNVO |
| pure residential areas | WR | § 3 BauNVO |
| general residential areas | WA | § 4 BauNVO |
| special residential areas | WB | § 4a BauNVO |
| Village areas | MD | § 5 BauNVO |
| Mixed areas | MI | § 6 BauNVO |
| Urban areas | MU | § 6a BauNVO |
| Core areas | MK | § 7 BauNVO |
| Commercial areas | GE | § 8 BauNVO |
| Industrial areas | GI | § 9 BauNVO |
| Special areas | SO | § 10 , § 11 BauNVO |
The respective paragraphs determine which uses are generally permitted in the area type and which are exceptionally permitted.
After § 13 BauNVO are in building areas according to §§ 2 to 4 spaces in building areas by the §§ 4 to 9 also building for the profession freelancer and such trader that their profession exercise in a similar manner permitted.
An important aspect when determining the uses is to enable small-scale mixtures of uses. Mixed uses permit urban areas, mixed areas, core areas and village areas in particular.
Overview of permitted combinations of use
| Building types | WS | WR | WA | WB | MD | MI | MU | MK | GE | GI |
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| Residential buildings |
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| Shops, restaurants | |
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| Church, cultural, health, social, sports facilities | |
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| Hotels, guest houses | |
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| Gas stations | |
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| Non-disruptive craft businesses | |
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| Non-disruptive business | |
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| Other business |
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| Administration building | |
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| Business and office buildings |
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| Entertainment venues | |
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| Agricultural and forestry operations |
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| Kitchen gardens, horticultural companies |
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| Warehouses and places |
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| Industrial companies |
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permitted |
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exceptionally permitted |
Degree of structural use
The second section of the BauNVO deals with the degree of structural use . The BauNVO determines in most cases guide or maximum values in §§ 16 to 21a BauNVO for the stipulations to be made in the development plan . These are in detail:
- Height of structures - § 18 BauNVO - which specifies how high a structure may be in relation to a reference point (for example the upper edge of the street).
- Base area number (GRZ) - § 19 BauNVO - which specifies how large the proportion of the built-up area of a property may be in relation to its total area. Example: With a maximum permissible GRZ of 0.6 and a plot size of 300 m², the maximum building area that can be built over is 180 m².
- Floor area number (GFZ) - § 20 BauNVO - which indicates how large the floor area (the area of all full floors ) may be in relation to the property area. Example: With a maximum permissible GFZ of 1.2, a maximum floor area of 360 m² may be built on a plot of 300 m². In addition, the number of permissible full storeys can be set as a minimum, maximum or mandatory value. The determination of when a full storey is available is regulated by the state building regulations of the respective federal state.
- Building mass number (BMZ) - § 21 BauNVO - which specifies in commercial , industrial and other special areas which building mass (volume of buildings) is maximum permissible in relation to the property area.
The last three regulations can also optionally be specified as absolute values, i.e. in concrete square or cubic meter values.
Section 21a also regulates the permissibility of parking spaces , garages and community facilities .
Construction method and building area
In the third section, specifications are made regarding the construction method and the plot areas that can be built over . The construction method ( § 22 ) can be specified in the development plan. A distinction is made between open and closed construction. In the case of open construction , the structures must be erected with a lateral boundary distance on both sides and a maximum length of 50 m. With the closed construction method , the structures are erected without lateral boundary spacing. There is also the option of stipulating a construction method that deviates from Section 22 BauNVO Paragraph 1 with further regulations (e.g. "semi-open").
According to § 23 BauNVO, building lines , building boundaries and building depths can be specified in the development plan. The definition of building areas by means of building lines and boundaries, known as "building windows", is the rule in most development plans. Construction projects must move within the construction window. There is usually some leeway for this; But it can also be that, for example, emphasis is placed on strict building alignment and the building windows are narrower. Depending on the stipulation, outbuildings and garages outside the construction window are permitted.
The establishment of construction windows can also take place at the same time as the establishment of GRZ, GFZ or BMZ. In these cases it is not possible to fully utilize the construction window if the other stipulations would be exceeded.
In contrast to the building limit, from which it is possible to backtrack, you have to build directly on a building line. Such building lines are often used in areas with perimeter block developments, where strict or uniform building alignment is required.
An indication of building depths alone, for example measured from a street, is seldom used, since in principle it corresponds to a building boundary that is shifted parallel to the rear.
historical development
The Land Use Ordinance came into force for the first time on August 1, 1962 and has been amended repeatedly, albeit rarely, (1968, 1977, 1990, 2017). The regulation itself, and the changes associated with it, also show the change in pollution control . While the focus was initially on commercial and industrial settlements, later attention turned to the creation of healthy living conditions in cities. The BauNVO 1990 currently applies, last amended on May 4, 2017. A new announcement is not yet planned.
literature
- Gerhard Boeddinghaus: BauNVO. Building Use Ordinance. Comment. 5th, revised edition. Rehm-Verlag, Munich a. a. 2005, ISBN 3-8073-2129-2 .
- Wilhelm Söfker (Ed.): Building Code (BauGB). In the version of the announcement of September 23, 2004. ( Federal Law Gazette I p. 2414 ), last amended by Art. 21 G on the renaming of the Federal Border Guard to the Federal Police of June 21, 2005 ( Federal Law Gazette I p. 1818 ). With ordinance on principles for determining the market values of land. (Valuation Ordinance - WertV). From December 6, 1988 ( Federal Law Gazette I p. 2209 ), amended by Art. 3 Building and Regional Planning Act 1998 - BauROG - of August 18, 1997, ( Federal Law Gazette I p. 2081, 2110 ) (= dtv. Beck- Texts in dtv 5018). With a detailed index and an introduction. Text output. Special edition, 38th edition, as of July 1, 2005. Deutscher Taschenbuch-Verlag u. a., Munich 2005, ISBN 3-423-05018-7 .
- Hansjörg Rist, Martin Rist: Building Use Ordinance. With excerpts from the building use ordinances 1962, 1968, 1977. 3rd edition. W. Kohlhammer, Stuttgart 2010, ISBN 978-3-17-021521-4 (short comment).
- Hans Carl Fickert, Herbert Fieseler: Building Use Ordinance. Comment with special consideration of the German and Community environmental protection with additional legal and administrative regulations. 11th edition, Kohlhammer, Stuttgart 2008, ISBN 978-3-17-020174-3 .
Web links
- Text of the building use ordinance
- Ordinance on the structural use of the land (building use ordinance) of June 26, 1962. Historical-synoptic edition. 1962–1993 - all versions since the entry into force with period of validity and synopsis
- Urban mixed area - initiative urbanity, mobility and short distances documented in the forum Institut der Stadtbaukunst
Individual evidence
- ↑ BauNVO - Synopsis 1962-1990 2013-01 BUND. Retrieved October 17, 2019 .
