Construction ban

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Construction ban refers to the prohibition to use a property for construction purposes.

Germany

In the development plan areas can be set, which must be kept free from urban development reasons of the building ( § 9 para. 1 no. 10 Building Code ), for example for the protection of peace and relaxation. A project that contradicts such a determination is inadmissible ( Section 30 (1) BauGB). However, a building permit can be exempted from the stipulation under the conditions of Section 31 (2) BauGB .

Areas can also be subject to a nature conservation law construction ban within the scope of a landscape protection ordinance, of which according to § 67 BNatschG an exemption can be granted. In addition, the construction or expansion of structures in established floodplains is generally prohibited in accordance with Sections 30, 33, 34 and 35 of the Building Code , but subject to approval as an exception ( Section 78 (4 ) and (5 ) WHG ).

There is a construction ban on high-rise buildings on federal motorways and federal roads at distances from the roadside of less than 40 or 20 m ( Section 9 FStrG ). On the other hand, no cultivation zones are defined on railway lines according to the General Railway Act (AEG).

Austria

The building ban is an instrument to secure the development of land. Every plot of land on which the construction of a building is planned must be unlocked. Construction sites that have not been opened up can be subject to a construction ban because they are not ready for cultivation.

The corresponding regulations are contained in the building regulations of the individual federal states , for example in § 19 Paragraph 1 lit. c – f of the building regulations for Vienna . The existence of obligations from building bans, obligations that are imposed instead of building bans or on the occasion of the lifting of building bans must be made evident in the land register at the request of the authority or on the basis of an official notification (§ 130 para. 2 lit. e BO for Vienna).

On building sites that are subject to a building ban, a building negotiation according to Section 70 BO for Vienna takes place, no simplified building permit procedure (Section 70a sentence 2 No. 9 BO for Vienna). The waiver of the building ban presupposes that the unlocking has already been decided or the specific unlocking has been ensured (Section 19 (2) BO for Vienna). For the development, the municipality can ask the client to pay a development tax .

Switzerland

In Switzerland, building bans are issued as part of spatial planning and cover all areas outside the building zones .

Zoning is subject to compensation if the property in question was originally assigned to a building zone that was fully compliant with federal law and was transferred to a non-building zone with the planning act, with the result that building projects can no longer be approved. According to the Swiss Federal Supreme Court, zoning is only an expropriation subject to compensation if it was to be assumed at the relevant point in time that a better use of the property could have been realized with a high degree of probability in the near future (so-called probability of realization). This is only the case if development measures had already been carried out on the property in question , without which development would not have been permitted in any case.

Individual evidence

  1. ↑ cf. VGH Baden-Württemberg, judgment of November 2, 2006 - 8 S 361/06
  2. ↑ cf. For example, Section 3 (1) of the municipal ordinance for the protection of parts of the landscape in the state capital of Munich (landscape protection ordinance ) of October 9, 1964 in the version of August 2, 2013 (MüABl. p. 314)
  3. ↑ cf. BVerwG, decision of February 9, 2004 - 4 BN 28.03
  4. ↑ Bavarian State Office for the Environment (Ed.) : No cultivation zones on traffic routes Status: 10/2019
  5. ↑ General information on developments and developments oesterreich.gv.at , content as of January 1, 2019
  6. ↑ Andreas Trenner: Regional planning, building law, system law FHWien 2013, p. 107 ff.
  7. ^ Vienna City Development, Urban Planning and Building Code (Building Regulations for Vienna - BO for Vienna) RIS , accessed on October 29, 2019
  8. ↑ § 19 BO for Vienna building bans jusline, accessed on October 29, 2019
  9. ↑ § 130 BO for Vienna made visible in the jusline land register , accessed on October 29, 2019
  10. ↑ Basic Departments - General Explanations (MA 64) Website of the City of Vienna, accessed on October 29, 2019
  11. ↑ Andreas Trenner: Regional planning, building law, system law FHWien 2013, p. 109
  12. ↑ cf. LVwG Lower Austria LVwG-AV-433 / 001-2016
  13. ↑ About building outside the building zones. Do not accelerate the urban sprawl again. Guest commentary by Rudolf Muggli, NZZ May 16, 2017
  14. ^ Corinne Hanselmann: Building ban in the Frühmsner Büsmig: "This is an expropriation" Tagblatt, July 24, 2019
  15. ↑ Leaflet Compensation for zoning in the Canton of Thurgau , Department for Building and Environment, November 2015, p. 4