Privileged building project

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Privileged building projects are building projects that are also permitted in the outdoor area , i.e. the areas for which there is no qualified development plan and which are outside the built-up districts. Their admissibility is only subject to the opposition of public interests and sufficient development. The privileged building projects thus represent an exception to the principle according to Section 35 of the Building Code (BauGB) that the outdoor area should be protected from structural or other use, for example through recreational use and thus generally against sprawl .

In contrast to this are the (non-privileged) other projects ( Section 35 (2)), whose admissibility fails if public interests are (only) impaired.

The partially privileged construction projects ( beneficiary projects ) according to Section 35 (4 ) represent an intermediate group.

Section 35 (1) BauGB finally names eight types of privileged projects, namely those that:

  1. serve an agricultural or forestry business
  2. serve a horticultural production company
  3. serve the public supply of electricity, gas, telecommunications services, heat and water, sewage management or a local commercial operation
  4. because of their special requirements for the environment, because of their negative effect on the environment or because of their special purpose, should only be carried out outdoors
  5. serve to research, develop or use wind or water energy
  6. the energetic use of biomass in the context of a company according to number 1 or 2 or a company according to number 4 that operates animal husbandry, as well as the connection of such systems to the public supply network
  7. serve to research, develop or use nuclear energy for peaceful purposes or to dispose of radioactive waste.
  8. the use of solar radiation energy in, on and on the roof and outer wall surfaces of permitted buildings, if the system is structurally subordinate to the building.