Building planning law
In Germany, building planning law (also: urban planning law ) is a sub-area of public building law . It has the task of determining the legal quality of the soil and its usability. It thus regulates the area-related requirements for a building project . The objective is to ensure orderly urban development; the central element for this is the land-use planning . The urban development law regulates the preparation and management of the structural and other use of the land accordingly. Urban planning law in Germany is federal law ; Its legal sources are the Building Code (BauGB) and the statutory ordinances based on the Building Code: Building Use Ordinance (BauNVO), Plan Marking Ordinance and Valuation Ordinance . The federal urban development law is flanked and supplemented by numerous other areas of law that contain special legal regulations for building, some of which apply to all building projects, some to building projects in particular local locations, and some only to special buildings.
The building planning law thus creates the planning prerequisites for the development and use of individual properties . It determines whether what and how much can be built and what uses are permitted. This is to be distinguished from the building regulations of the federal states , which regulate in the form of the respective state building regulations how construction may be carried out in detail. There is also the building rights . This term refers to other technical regulations that can intervene in the building potential of areas via their regulations (e.g. in road law , where cultivation is prohibited).
The building code regulates the preparation of land-use plans , which in turn contain rules on the type and size of the permitted development in the planning area . It also contains regulations (catch-all regulations) about what use is permitted in areas for which no master plan has been drawn up (unplanned areas).
The spatial perspective of building planning law is the respective municipality, which has planning sovereignty in its district . Planning that extends spatially beyond the municipality is called regional planning or state planning .
Planning for supra-local infrastructure measures such as B. Traffic routes for which special laws exist. Such specialist plans obtain their legal admissibility via plan approval procedures .
literature
- Germany
- Reiner Tillmanns: The demarcation of building planning law from building regulations law . In: AöR . Vol. 132, 2007, pp. 582-605.
- Franz Dirnberger: Public building law in the community. (Guide to Local Policy, Volume 2). Munich: Hanns Seidel Foundation 2008, ISBN 978-3-88795-476-5 .
- Wilfried Erbguth , Jörg Wagner: Basics of public building law. 4th edition, Beck, Munich 2005, ISBN 3-406-51422-7 .
Individual evidence
- ↑ Introduction to urban planning law ( Memento from February 25, 2009 in the Internet Archive )
