Indoor Bylaws
The location of the building site is of particular importance for the admissibility of building projects . In principle, construction may be carried out within the built-up districts ( inner area ), the outer area , on the other hand, must be kept as free as possible from development. The demarcation of the built-up districts from the undeveloped outside area results from the actual local situation. Since this is often controversial in practice, Section 34 (4) BauGB authorizes the municipalities to set the boundaries of the interior area in a statute.
With the urban development statutes according to § 34 Paragraph 4 No. 1 to 3 BauGB ( interior area statutes ), in addition to the development planning , the municipalities have the possibility of bindingly delimiting the unplanned interior area from the exterior area and thereby controlling the planning-legal admissibility of projects.
Terminology
Even if the Building Code does not give any formal names for the various interior statutes, the terms clarification statute, development statute and supplementary statute have become commonplace. In addition, there used to be other terms such as rounding statutes or delimitation statutes.
Content of the statutes
The internal area statutes regulate the spatial delimitation of the unplanned interior area from the exterior area by a line which in the clarification statute mostly encloses the entire district. In the development and supplementary statutes, individual urban planning stipulations can be made in addition to the graphic demarcation, for example on the plot of land that can be built over or on the permitted number of floors.
Clarification statute
In the clarification statute according to Section 34, Paragraph 4, No. 1 of the Building Code, the municipality stipulates the boundaries of the development context resulting from the actual development. All parts of the property covered by the statutes belong to the interior and are therefore of building land quality . The regulation for the admissibility of building projects is solely the requirement of section 34 (1) BauGB in connection with secure development. Since the statutes only define the actual demarcation between indoor and outdoor areas, they only have a declaratory (= clarifying) meaning; it does not lead to new building rights for the properties within the scope.
Development statute
With the development statute according to § 34 Para. 4 No. 2 BauGB, the municipality can constitutively define built-up areas in the outer area, which do not yet have a district quality, but have a developable settlement approach, as "built-up districts". The prerequisite for a development statute is that the corresponding areas are shown in the zoning plan as building areas. For the properties covered by the scope of the development statute, a minimum degree of formative effect is required through the existing buildings. The statute creates new building law within its scope. From now on, the general building law resulting from § 34 BauGB applies here in accordance with the insertion requirement.
Supplementary statute
With the supplementary statute according to Section 34 (4) No. 3 BauGB, the municipality can include individual undeveloped outdoor areas in the built-up districts. The supplementary statute can also be drawn up in conjunction with a clarification statute or a development statute. A necessary boundary condition for the inclusion of outdoor areas is that the adjacent development is a sufficiently concrete urban development framework for additional development. The mere adjoining of a property to the interior is not enough to justify inclusion in the interior. Since the areas within the scope of a supplementary statute are previous outdoor areas, the supplementary statute creates building law for the first time. The creation of a supplementary statute serves to slightly expand the spatial demarcation of the unplanned inner area from the outer area at suitable locations by adding individual pieces of land, thereby creating a rounded edge. However, this statute does not serve to develop new building areas on the outskirts. This is reserved for the development planning.
Establishment procedure
There are no procedural requirements for drawing up a clarification statute, as it is only of declaratory significance and does not create any new building law.
When drawing up a development or supplementary statute, the provisions on public and official participation of the simplified procedure according to § 13 BauGB are to be applied accordingly.
The indoor area statutes are not subject to environmental review . When drawing up a supplementary statute, the principles of economical use of land and the nature conservation law intervention regulation must be taken into account. The justification required in this case must contain the objectives, purposes and significant effects of the planning.
An indoor area statute has no exclusive effect. When issuing an internal area statute, the municipality is not obliged to completely cover the entire development context in the municipality. Developed properties that are not covered by an indoor area statute, but still participate in an existing building context due to the actual local conditions, nevertheless belong to the indoor area.
See also
literature
- Ronald Kunze, Hartmut Welters (Hrsg.): BauGB Innovations 2007. Legal text and innovations at a glance. Comment on the innovations and legal text BauGB 2007 including BauNVO. WEKA-Media, Kissing 2007. ISBN 3-8277-1208-4
- Ronald Kunze, Hartmut Welters (ed.): The practical handbook of building land use planning. Loose-leaf collection with ongoing updates. WEKA Media, Kissing 2000–2011. ISBN 3-8277-8189-2
