Building design law
The Baugestaltungsrecht is a branch of the building regulations , which deals with the external design must be drafted or existing physical structures. Unlike the technical building regulations, it does not serve to avert danger in the narrower sense, but pursues aesthetic or general welfare purposes.
Germany
Historical regulations
The Prussian law against the disfigurement of scenic areas of June 2, 1902 as well as Sections 1 and 3 of the Prussian law against the disfigurement of localities and scenic areas of July 15, 1907 contained restrictions on property beyond the general police-law authorization to avert danger by way of special legislation. In particular, advertising systems such as billboards, showcases, labels and images were then the subject of statutory regulations. Viewed individually, they had to be an expression of “decent building attitudes” and work-oriented training and “fit perfectly into the environment”. In the execution instructions of the building administration dated August 4, 1907, it was stated that protection against spoilage by advertising signs, inscriptions and images extended to the site, be it inside or outside of the built-up parts of the cities or villages.
Following on from this historical understanding, the Federal Administrative Court sees the environment-related protection in the fact that the structure should not disturb the overall picture of the environment, the contrast between the system and the environment "is not perceived by the viewer as stressful or unpleasant".
Current legal situation
While the area-related building planning law regulated by federal law, especially in the building code , directly relates to land as the object of legal order, i.e. regulates the legal relationships between people and land, the object-related design stipulations under state law are made in the building regulations of the states .
An environment-related "disfigurement ban" applies to all structures.
For example, Section 9 of the Model Building Regulations says: Structural facilities must be designed in such a way that they do not appear defaced in terms of shape, scale, relationship of the building dimensions and components to one another, material and color. Structural structures must not disfigure the street, town or landscape.
An equivalent under state law reads: Structural systems must be designed in such a way that they do not appear defaced in terms of shape, scale, relationship of the building dimensions and components to one another, material and color. Structural structures are to be brought into harmony with their surroundings in such a way that they do not spoil the appearance of the street, town or landscape or interfere with their intended design. Consideration must be given to the characteristics of the environment that are worth preserving.
In addition, the state building regulations authorize the municipalities to issue local building regulations in statutes, which can also contain design requirements for structural systems. The authorization basis for this is the regulation of the respective state building regulations, which corresponds to § 86 model building regulations (in North Rhine-Westphalia e.g. § 89 BauO NRW 2018).
Design regulations can appear as independent design statutes or in the form of other design specifications in the development plan. For this purpose, the BauGB gives the authorization in Section 9 (4) of the BauGB to include content under state law in the development plan.
Design statutes or individual rules can affect the buildings (roof shape, window shapes, materials and colors), advertising systems or the design of open areas, in particular of enclosures.
In areas that are not over-planned (§§ 34 and 35 BauGB) there are no special legal design rules. The for the non-planned interior force § 34 Building Code provides in addition to the insertion rule (Insert in the surrounding area, area character ) the general framework for a construction project: The site must not be affected (§ 34 para 1 sentence 2 of the Building Code.). This can at least prevent gross blemishes. Analogously to this, § 35 BauGB stipulates for the outdoor area that public interests may not be impaired by a project. According to Section 35 (3) No. 5, this is the case, among other things, if the interests of landscape maintenance or the landscape are impaired or the site and landscape are defaced.
Austria
In the building regulations of the Austrian federal states, the classic building police law dominates with requirements for structural design such as ventilation, lighting or accident protection. In the state of Salzburg, however, there is a site protection law to protect the site against gross impairment, especially through neglect. In addition to general site protection, individual buildings in the site protection areas designated by the state government are subject to special design and approval requirements (§§ 11 ff. OSchG).
Switzerland
Cantonal design plans can contain instructions on the location, size, quality and design of the buildings and facilities so that an area is "built over or structurally redesigned in an architecturally good manner and tailored to the structural and landscape surroundings as well as the living needs of the population."
literature
- Sabine Kamp: The legal problem of the protection against distortion in the context of § 12 BauO NRW . Cologne, Univ.-Diss., 2005
- Karl Kroeschell : The Kreuzberg judgment , VBlBW 1996, 268
- Andreas Voßkuhle : Building regulations prohibition of disfigurement and building art , BayVBl. 1995, 613
- Alfred Winkelmann: The legal opinion of the Federal Constitutional Court on the competence of the federal government to enact a building law , DÖV 1954, 560
Web links
- State building regulations in Germany, Austria and Switzerland (link collection)
Individual evidence
- ↑ BVerwG judgment of October 11, 2007, 4 C 8.06
- ↑ GS p. 159
- ↑ GS p. 260
- ^ Bügen / Zinkahn: The legal protection against deformation, 1952; Schulte, in: Reichel / Schulte (Ed.): Handbuch Bauordnungsrecht, 2004, p. 38 f., 372 ff.
- ↑ Bügen / Zinkahn: Legal protection against defacement, 1952, p. 116
- ↑ BVerwG judgment of June 28, 1955, 1 C 146.53 = BVerwGE 2, 172
- ↑ Model Building Regulations (MBO) version November 2002, last amended by resolution of the Conference of Building Ministers of September 21, 2012
- ↑ § 12 Building Regulations for the State of North Rhine-Westphalia - State Building Regulations (BauO NRW)
- ↑ Salzburger Ortsbildschutzgesetz 1999 - OSchG, StF: LGBL No. 74/1999 (WV) ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Example: § 8 Building Ordinance, § 21 Law on Spatial Development and Construction of the Canton of Aargau
