Building Code

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Basic data
Title: Building Code
Previous title: Federal Building Act
Abbreviation: BauGB
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Building law
References : 213-1
Original version from: June 23, 1960
( BGBl. I p. 341 )
Entry into force on: October 30, 1960
and June 30, 1961
New announcement from: November 3, 2017
( BGBl. I p. 3634 )
Last revision from: December 8, 1986
( BGBl. I pp. 2191, 2253 )
Entry into force of the
new version on: 		July 1, 1987
Last change by: Art. 2 G of August 8, 2020
( Federal Law Gazette I p. 1728, 1793 )
Effective date of the
last change: 		predominantly November 1, 2020
(Art. 10 G of August 8, 2020)
GESTA : E029
Weblink: Text of the Building Code
Please note the note on the applicable legal version.

The German Building Code ( BauGB ), whose predecessor is the Federal Building Act ( BBauG), is the most important law of building planning law in Germany. Its provisions have a great influence on the shape, structure and development of the populated area and the "habitability" of cities and villages . It defines the most important urban planning instruments that are available to the municipalities . This presentation follows the structure of the Building Code into the four parts of general urban planning law , special urban planning law , other regulations and transitional and final regulations , but is limited to a general overview of the objects and instruments of the law.

Historical development

The Federal Building Act (BBauG) of June 23, 1960 with the regulations on general urban development law and the supplementary urban development law (StBauFG) of July 27, 1971 with regulations on special urban development law (especially redevelopment law) were revised on July 1, 1987 in the building code (BauGB) summarized. It was repeatedly, u. a. 2004 within the framework of the European Law Adaptation Act Construction (EAG Bau), comprehensively amended. The regulatory competence for the federal government is based on Article 74, Paragraph 1, No. 18 (land law) in conjunction with Article 72 of the Basic Law . On January 1, 2007, the law to facilitate planning projects for the inner development of cities (law of December 21, 2006, Federal Law Gazette I p. 3316 ) came into force, which considerably restricts the formal environmental assessment for land use plans introduced by the EAG Bau.

On the history of the Federal Building Act

The Federal Building Act passed in 1960 marks the end of a very long legislative process that spanned several political epochs. The division of functions between the federal government and the federal states and the resulting legislative competence led to the fact that the draft for a building law for the Federal Republic of Germany, which was presented in 1950 and was largely based on the preconceptions, from urban land use planning (first part) to development (sixth part ) until the development (seventh part) and the neighboring building law (eighth part) could not be legally implemented. The Weinheim report resulted in the division into a federal building law (with urban planning under the keyword land law) and the state building regulations.

General urban planning law (first chapter)

The general urban planning legislation deals with the urban land and their accompanying measures to secure their implementation and to ensure the protection of nature. This includes the important regulations on the designation of areas for certain uses or keeping them free (from land use and development plans as well as from landscape planning ). These plans are drawn up by the local authorities ( municipalities or districts ). The law places high demands on the quality of the planning process and the appropriate integration of a large number of different issues into the planning result. Therefore, there are extensive regulations for the participation of the public and the authorities as well as for the protection of the environment (including the implementation of an environmental assessment ). The land-use planning can also restrict the possible uses of land. That is why the law also contains provisions on compensation for such planning-related losses in value.

The implementation of the land-use planning is served by extensive regulations on land regulation . They enable the reallocation of plots in order to adapt their layout to planned developments and regulate the compensation for the landowners affected.

The realization of some plans is z. B. hindered by the fact that owners do not use their land according to the purposes set out in the plan or let a building fall into disrepair, although a municipal statute requires its preservation. For such and a few other cases, the law provides the possibility of expropriation as a "last resort" and regulates compensation.

The law also contains provisions on the admissibility of projects in the areas of the municipality for which no development plan (yet) exists. These are either the built-up districts ( interior ) or the exterior .

Further regulations assign the municipalities the task of development , i.e. H. making the properties accessible through streets and paths, their lighting, connection to supply and disposal lines. Part of the expenditure for the development is borne by the property owners, in that the municipality charges development contributions.

Finally, formal details for conservation measures, compensatory and replacement measures for nature conservation are regulated, since the building code seeks to compensate for damage to the ecosystem ( see also: intervention regulation ). The special relationship to the Nature Conservation Act and the local objectives of nature conservation and landscape management, landscape planning , must be observed. With the amendment of July 2004 (EAG Bau), a strategic environmental assessment or plan-UP was introduced for all land-use plans , which was developed from the environmental impact assessment (EIA), which is to be carried out for individual projects in accordance with the Environmental Impact Assessment Act (UVPG).

Special town planning law (second chapter)

The special urban development law deals with urban redevelopment and development measures that the municipality decides to remedy urban deficiencies in urban districts with the aim of significantly improving or redesigning them. The law defines criteria for the need for renovation and general objectives for these measures and regulates the involvement of those affected. The urban renewal of affected districts and communities has been subsidized since 1971 through urban development funding and, in the case of cities with historic city centers, additionally through the “ Urban Monument Protection ” program, but so far only in the new federal states. Since June 2004 the chapter has also included regulations on urban redevelopment and the social city .

Numerous individual regulations concern the implementation of such measures by regulating the responsibilities for planning and bearing costs and placing requirements on the redevelopment agencies. The law tries to counter the risk that renovation measures lead to property speculation and the displacement of residents by allowing the municipalities to fine-tune the measures with the power to issue conservation statutes and urban development regulations. In districts that are particularly lagging behind in building maintenance, the municipality has the option of ordering the maintenance and / or modernization of buildings by statute. The municipality can skim off increases in the value of the land due to the renovation measures. If such measures threaten to displace the resident population, the municipality is obliged to offer help, which is summarized in a social plan. In addition, it should, as far as it is appropriate, grant displaced tenants or tenants compensation for hardship.

Other regulations (third chapter)

The other provisions (third chapter) essentially contain procedural provisions , above all on the determination of property values ​​on which compensation is based, the establishment of expert committees , the maintenance of plans in the case of land use plans and the procedure in the event of legal disputes over administrative acts that are part of urban redevelopment - or development measures have been issued.

Transitional and final provisions (fourth chapter)

The “transition and final regulations” contain the transition rules from the previously applicable Federal Building and Urban Development Act to the Building Code.

See also

literature

  • Ernst, Zinkahn, Bielenberg , Krautzberger: Building Code . Standard commentary on the BauGB. CH Beck, Munich, ISBN 978-3-406-38165-2 .
  • Ulrich Battis , Michael Krautzberger , Rolf-Peter Löhr: BauGB - Building Code . CH Beck, Munich 2009, 11th edition, ISBN 3-406-58383-0 .
  • Michael Krautzberger, Wilhelm Söfker: Building Code with additional regulations . Rehm, 2010, 12th edition, ISBN 3-8073-0095-3 .
  • Michael Krautzberger: The "Interior Development Novelle 2013". In: Land market and property value (GuG) 2013, 193 ff.
  • Michael Krautzberger, Bernhard Stüer : BauGB amendment 2013. Act to strengthen internal development in cities and municipalities and further development of urban planning law. In: Deutsches Verwaltungsblatt (DVBl) 2013, pp. 805–815.
  • Ronald Kunze: Law for the Promotion of Climate Protection in Development in Cities and Towns, in: Kunze / Welters (ed.), Das Praxishandbuch der Bauleitplanung, WEKA MEDIA, Kissing 2011.
  • Ronald Kunze, Hartmut Welters (Ed.): Building Code 2017. Text edition with introduction. BauGB, BauNVO, PlanZV, TA Lärm. WEKAMEDIA, Kissing 2017.
  • Wilhelm Söfker (Ed.): Building Code (BauGB). BauNVO, PlanzV, WertVu. - Directives, spatial planning law. German Taschenbuch-Verlag, Munich 2005.
  • Hans Otto Sprengnetter: BauGB 2009 - Commentary on the legal bases of the valuation , Sprengnetter GmbH, 1st edition 2009, ISBN 978-3-937513-48-5 .

Web links