Construction Law (Germany)
In Germany, building law refers to the entirety of legal norms that affect building.
There was already written building law in antiquity. This includes the tradition of the Corpus Juris . Medieval law also knew building regulations, such as corresponding provisions in the Sachsenspiegel and the Schwabenspiegel . The oldest surviving building regulation law is the medieval pole law . These specifications have worked out z. B. 1568 in the "Newen Bawordnung" under Duke Christoph von Württemberg and in other national forms of building law, especially since the hygiene legislation was renewed in the 19th century based on ancient urban planning.
Usually building law is divided into private building law and public building law . The former refers to legal norms of civil law that regulate property and neighboring law , contracts for work and services that are concluded for the preparation and implementation of a building project (architect contract , construction contract with building contractors, etc.) as well as the neighboring laws of the federal states. Public building law regulates those parts of public law that (also) affect building projects. Within public building law, a further distinction is made between building planning law - the standards that regulate the buildability of properties - and building regulations - the standards that regulate more detailed regulations for individual building projects such as B. Safety and design regulations.
In addition, the subjective right to build on a piece of land can also be meant.
Private construction law
The private building law regulates the legal relationships between the private construction participants. The focus is on the relationships between those who commission a building (client) (the term builder comes from public building law) and those involved who plan and implement the building (such as architects, engineers, construction companies and Craftsman) (construction contract law).
Public building law
In Germany, public building law is a sub-area of special administrative law and comprises the entirety of legal provisions that govern the permissibility and limits, the order and the promotion of the structural use of the soil, in particular through the construction, intended use, significant changes and removal of structures, affect.
Building planning law
The planning law under public law can essentially be found in the Building Code (BauGB), the Building Use Ordinance (BauNVO) and the Plan Sign Ordinance (PlanZVO). The rights from the property are restricted by the entirety of the building regulations. The landowner must accept these restrictions without compensation if they move within the framework of the so-called social bond of property within the meaning of Paragraph 2 of the Basic Law (“property obliges”). If the restrictions leave within the bounds of ownership, then they represent an expropriation that must be compensated ( 14.3 of the Basic Law).
Land-use planning is the final link in a planning process, the starting point of which is regional planning in the federal and state levels. Land-use planning is the central instrument for orderly and sustainable urban development. The form, installation procedure and possible content of the master plan are determined by the building code and the building use ordinance. The concrete planning is a matter for the cities and municipalities; they draw up the master plan (land use plan, development plans and other urban development statutes) on their own responsibility.
Land-use planning is not only a right to self-administration for municipalities, but, as can be seen fromParagraph 3 of the Building Code, also a compulsory task for the municipality. Construction plans must be drawn up as soon as and to the extent that it is necessary for urban development and order; d. that is, to steer urban development in an orderly manner.
In simple terms, it can be said that building planning law regulates whether, what and how much may be built.
The focal points of the building regulations are the requirements for the property and its development (e.g. spacing areas, traffic-related development, number of necessary parking spaces), individual rooms, apartments and special facilities (e.g. parking spaces) as well as basic requirements for the execution of structures and of the most important parts of the building (e.g. stability, traffic safety, fire protection).
Essential aspects of the building regulations are subject to the sovereignty of the German states and sometimes differ significantly from one another. The most important basics of building regulations can be found in the state building regulations of the federal states . There are also regulations in garages, fireplaces, places of assembly and procedural regulations.
The building regulations of the federal states also regulate which types of procedures are available to the client, e.g. B. in Baden-Württemberg the building application procedure, the simplified procedure or the notification procedure. However, not all construction projects are subject to approval or notification. The building regulations list numerous projects that are procedure-free.
In simple terms, it can be said: building law regulates how individual buildings may be built.
Construction law as a degree
In the Bachelor area, the Bochum University of Applied Sciences offers a civil engineering course that also covers legal topics. At the Professional School of the Leuphana University of Lüneburg , the master’s degree in construction law and construction management can be studied while working. The Karlsruhe University of Applied Sciences also deals with the complex of construction law in its master's degree in construction management.
- Cornelius Steckner : Building Law and Building Regulations. Architecture, state medicine and the environment with Vitruvius , in: Heiner Knell , Burkhardt Wesenberg (ed.), Vitruv - Colloquium 1982 , Technische Hochschule Darmstadt 1984, pp. 259–277.
- Peter Bachmann, Matthias Lange: Build healthily with safety: facts, arguments, strategies for healthy building and living . Ed .: Wiesbaden: Vieweg + Teubner. 2012, ISBN 978-3-8348-1450-0 , pp. 415 .
- Uwe Schwenker: Public Building Law in Baden-Württemberg for Training and Practice in Local Administration , pp. 37–42.
- Master's degree in construction law and construction management - Leuphana University of Lüneburg