Building law compromise

When building law compromise is called in German law the development of the planning impact regulation by applying the natural impact provisions in the zoning plan procedures .

The building law compromise serves to implement the sustainability principle, as specified in the Habitat Agenda of the second United Nations conference on human settlements (Habitat II) in June 1996. According to this, sustainable settlement development should guarantee economic development, employment opportunities and social progress in harmony with the environment.

occasion

Urban development and environmental protection are in a natural competitive relationship. Urban development and land use have a direct impact on nature and the landscape.

Up until 1993, there was no consensus on the level of land use planning or building permits as to the importance and value of nature conservation. On the one hand, the effects of the nature conservation law intervention regulations were controversially discussed under the aspects of the preliminary urban development effects and under the requirement of planning conflict management. On the other hand, the applicability of the nature conservation law intervention regulation was controversial at the level of the building permit procedure. There was no nationwide uniform statutory regulation.

In particular, the increasing demand for living space led in the 1990s to a fundamental revision of the relationship between building planning and building regulations and nature conservation law. While the technical definition of what an intervention in nature and landscape is, and the applicability of the nature conservation intervention regulation in the Federal Nature Conservation Act ( legal definition in Section 14 (1) BNatschG), the legal consequences and implementation of the interventions to be expected based on the land-use planning are determined in accordance with the Building Code ( Section 18 (1) BNatschG, Section 1a (3) BauGB).

In this respect, the new legal regulation has brought about a compromise between nature conservation and building law.

Content and meaning

With the Investment Facilitation and Housing Land Act 1993, Section 8a (1) was inserted into the Federal Nature Conservation Act , and then Section 1a into the Building Code through the Building and Spatial Planning Act 1998 . Today the regulation can be found in § 18 BNatSchG.

The interests of nature conservation and landscape management as well as the prevention and the balancing of likely significant impairments to the landscape as well as the performance and functioning of the ecosystem have since in drawing up development plans in consideration of § 1 to consider para. 7 Building Code. The nature conservation issues are moving closer to an optimization requirement .

What is special about Section 1a BauGB is that the nature conservation issues to be taken into account in the weighing up are extended beyond the integrity interest, if this cannot be safeguarded, to the compensation interest. If, according to the planning representations or stipulations, when the plan is implemented through certain projects, significant interventions in the natural balance are to be expected, these interventions must be compensated for by the simultaneous representation or determination of compensation areas on specific parcels or other suitable measures. The implementation of the equalization can also be agreed in an urban development contract . Ultimately, it is about a land balance in order to counteract an ecological deterioration of the municipal area. A direct spatial connection between the intervention and compensation area is not absolutely necessary ( Section 200a BauGB).

literature

• Publications of the Federal Agency for Nature Conservation , as of March 19, 2015
• Bernhard Stüer: Nature, habitat and species protection in public building law, special edition from Sustainable Urban and Spatial Development. Festschrift for Michael Krautzberger on the occasion of his 65th birthday , Munich 2008
• Wolfgang Köck : The urban development intervention regulation - selected problems with special consideration of the selection and securing of compensation areas and measures. Leipzig, 2003

Web links

Wiktionary: Sustainability  - explanations of meanings, word origins, synonyms, translations

• Federal Agency for Nature Conservation : Possibilities for the implementation of the intervention regulation in the urban land-use planning Applied landscape ecology 26, summary
• The nature conservation law intervention regulation in the land-use planning - working aid for the nature conservation authorities and the nature conservation officer of the State Institute for Environmental Protection Baden-Württemberg, 2000

Individual evidence

1. ↑ Report of the Committee for Spatial Planning, Building and Urban Development (18th Committee) on the draft of a law amending the building code and revising the law of spatial planning (Building and Spatial Planning Act 1998 - BauROG), BT-Drucksache 13/7589 of 6. May 1997, p. 11 ff.
2. ↑ Alexander Schink , NuR 1993, p. 365 f. on the legal situation before 1993
3. ↑ Jens Brambring: The legal biotope type protection Konstanz, Univ.-Diss., 2003
4. ↑ Act to facilitate investments and the designation and provision of residential building land (Investment Facilitation and Residential Building Land Act) of April 22, 1993 ( Federal Law Gazette I p. 466 , PDF, 2.9 MB)
5. ↑ Act to amend the Building Code and to revise the law of spatial planning (Building and Regional Planning Act 1998 - BauROG) of August 18, 1997 ( BGBl. I p. 2081 , PDF, 3.4 MB)
6. ↑ BVerwG, decision of January 31, 1997 - 4 NB 27.96 = BVerwGE 104, 68
7. ↑ BVerwG, decision of March 20, 2012 - 4 BN 31.11