Building regulations (Germany)
The building code ( BauO ) or state building regulations ( LBO ) of the respective federal state in Germany is an essential part of public construction law . According to a legal opinion of the Federal Constitutional Court, the competence for building regulations lies with the German federal states.
Requirements for construction projects
The building code is the main part of the building code ; it regulates the requirements to be observed in building projects. On the other hand, the conditions on which land and in what type and extent may be built are determined by building planning law.
- the development ,
- the type of structural use
- the spacing surfaces ,
- the community facilities , play areas and parking spaces ,
- the neighbor protection,
- healthy living ( lighting , room heights , sound , cold and heat protection ),
- the fire resistance classes of components,
- the suitability of construction products,
- the stability ,
- the escape and rescue routes ,
- supply and disposal,
- in particular the drainage of the property and
- the safety of construction sites and structures .
The aim of the building regulations is to avert danger to life and limb, to avoid damage to other people's property, to guarantee public safety and order and to set quality standards. It is criticized by transport associations that, especially with access to buildings and land, the public safety obligation of the Civil Code (BGB), the rules of the Vienna Road Traffic Convention , the General Administrative Regulations for Road Traffic Regulations (VwV-StVO) as well as the Disability Equality Act (BGG) and the United Nations (UN) Convention on the Rights of Persons with Disabilities has not been implemented in the model building regulations or in the state building regulations. They therefore demand clear regulations that at least marked paths for foot traffic must lead to inhabited and publicly used buildings from the public sidewalk to the entrances and exits to the buildings. These are to be dimensioned in accordance with the regulations applicable in Germany, and the main entrance must be barrier-free . On the other hand, it is gradually becoming established in the state building regulations that wheelchair accessibility of residential units is given more consideration and that parking spaces for bicycles, prams and separately also for walking aids (e.g. wheelchairs , walkers ) are to be set up.
In addition to these material regulations, the building regulations also regulate the formalities of building law such as
- the course of the building permit process ,
- the organization of the building inspection authorities and
- the requirements for building submission authorization .
The same applies to the building regulations of the federal states in Austria . The individual municipalities can specify certain additional restrictions in the municipal building regulations or the municipal statutes.
The roots of today's building regulations go back to the requirements placed on buildings within professional organizations such as guilds and building huts . With the growth of cities, the safety requirements for structures increased. In particular, the risk of fire increased considerably. To counteract this, urban building codes were created in the late Middle Ages.
During the period of absolutism there was a shift in legislation from the municipalities to the federal states and states, and the design of buildings became increasingly important in building regulations. Until the 1980s, the principle of prevention through surveillance by the public sector remained the basic idea .
After that, in the course of reducing bureaucracy, a number of building code amendments began in Germany , which took leave of the principle of prevention through more personal responsibility, i.e. the responsibility for compliance with the regulations rests with the builder , supported by those authorized to submit building documents . Violations are subsequently punished by fines , demolition orders , etc.
Model building regulations
The model building regulations ( MBO ) are intended to standardize the state building regulations that are subject to state law. It is constantly updated by the Conference of Ministers of Construction (ARGEBAU), in which all federal states are represented. The building codes of all countries are based on these model building regulations. The model building code itself is not a law. For the sake of simplicity and clarity, however, reference is generally made to the model regulations that have been adopted almost uniformly in the federal states in the field of building products and types. The state building regulations therefore essentially contain identical regulations; they only differ in details. The current version of the Model Building Regulations dates from 2002 and was last changed in February 2019.
- Karlheinz Schlotterbeck, Gerd Hager, Manfred Busch, Bernd Gammerl: State building regulations for Baden-Württemberg (LBO) , 8th edition. Richard Boorberg Verlag, Stuttgart / Munich 2020, ISBN 978-3-415-06400-3 .
- Hans Koch, Paul Molodovsky, Gabriele Famers: Bavarian building regulations. Commentary with a collection of building regulations. Loose-leaf collection. Rehm Verlag, ISBN 978-3-8073-0152-5 .
- Alfons Simon, Jürgen Busse: BayBO. Comment. Loose-leaf comment. Verlag CH Beck, ISBN 978-3-406-44019-9 .
- Stefan Wolf: BayBO. Short comment. 4th edition. 2010, ISBN 978-3-556-02069-2 .
- Horst Gädtke, Knut Czepuck, Markus Johlen, Andreas Plietz, Gerhard Wenzel: BauO NRW. Comment. 12th edition. Werner Verlag, 2011, ISBN 978-3-8041-1835-5 .
- Curt M. Jeromin: LBauO Rh-Pf. Comment. 2nd Edition. Werner-Verlag, 2008, ISBN 978-3-8041-2152-2 .
- Hansjochen Dürr, Manfred Aschke : Thuringia building law. 2nd Edition. Verlag Nomos, 2005, ISBN 3-8329-0921-4 .
- Henning Jäde, Franz Dirnberger, Thomas Michel and others: Thuringia building regulations. Comment. Loose-leaf collection. Verlag Jehle Rehm, Munich, ISBN 978-3-8073-0975-0 .
- Note: The current version of the state building regulations of almost all federal states can be viewed in their online offers of state law.
- Page no longer available , search in web archives: sample building regulations (PDF; 259 kB) at IS-Argebau.de, the information system of the building ministers' conference ) (
- German, Austrian and Swiss building regulations on Bauordnung.de
- Bernd Herzog-Schlagk: Building regulations (BauO). Edited by FUSS e. V. Berlin 2015.
- E.g. State Building Regulations for Baden-Württemberg, last edited March 2015, Section 35, Paragraph 1.
- E.g. Brandenburg Building Regulations, last edited November 2010, § 45, Paragraph 1.
- E.g. building regulations for Berlin, last edited July 2011, § 50.
- E.g. Brandenburg Building Regulations, last edited November 2010, Section 41, Paragraph 5.
- What are the model building regulations? ( Memento from August 11, 2017 in the Internet Archive ) German Institute for Building Technology (DIBt)
- FAQ on the German regulatory system for construction products and types of construction - 1. Which legal bases apply? German Institute for Building Technology, accessed on June 15, 2020 .
- Model building regulations. (PDF; 503 kB) May 13, 2016, accessed on January 23, 2019 .