Building regulations

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In addition to building planning law, building regulation law in Germany is part of public building law and is essentially under the sovereignty of the German states . It is regulated by them in particular in the state building regulations. It deals with the structural and technical requirements for building projects and primarily regulates the defense against dangers arising from the construction, existence and use of structures. The building regulations of the federal states contain the regulations for the building permit procedure and for building supervision . In addition, the state building regulations contain structural design provisions based on the building code , which can either be issued within the framework of a development plan or on the basis of other statutes .

The subject of the building regulations are provisions on the construction, modification and demolition of structures, especially buildings. The perspective here is that, from a technical and architectural point of view, individual buildings do not cause the entire development of a street, a district or even an entire community; these items are regulated by building planning law (also known as urban planning law).

In Germany, building regulations are the legislative competence of the federal states. All countries have accordingly issued their own building regulations. Despite the name build order is a law in the formal sense .

Position of building regulations in the overall structure of spatial planning and building law

The main functions of building regulations are:

  • Defense in construction. The building regulations set requirements for the quality of structures in order to avoid dangers - especially to life and health. These are e.g. B. Requirements for the stability of buildings, the quality of building materials or structural fire protection.
  • Ensuring compliance with other legal provisions. The granting of a building permit presupposes compliance with all relevant public law regulations for the building project, including those that are not part of building regulations (e.g. those relating to structural thermal insulation). Compliance is either checked in the building permit process or must be proven by the building owner.
  • Guarantee of minimum social standards. The building code sets minimum requirements for common rooms and apartments from the point of view of health protection and, most recently, also from the point of view of barrier-free access (accessibility for people with mobility impairments).
  • Execution of the land-use planning . Building permits may only be issued if the building project does not contradict the applicable provisions and stipulations of the land-use planning.
  • Prevention of blemishes. Building regulations prohibit building designs that have a disfiguring effect. On the one hand, there is the risk that building authorities can “prescribe taste” if they do not exercise their powers cautiously; on the other hand, “architectural outliers” cannot be described in more concrete terms.

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