Plan-securing instruments

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As a plan backed instruments or instruments of plan fuse in German are planning law the possibilities of the municipality designated a building permit to prevent despite due at time of application building rights compliance by the status quo freezes in a particular planning area quasi or can be frozen by the competent building authority. Section 36 of the BauGB , according to which the building permit authority has to obtain the consent of the municipality before granting a building permit, serves precisely to give this opportunity to exercise these options. Ultimately, these institutes thus serve to secure the planning sovereignty of the municipality, because the legal situation at the time of this decision is decisive for the decision on the building permit.

Change lock

According to Section 14 of the BauGB, the municipality can issue a ban on changes if a development plan has already been drawn up for the area in question . A restriction to some of the prohibitions specified in the law is also possible.

legal form

According to § 16 BauGB, the ban must be issued as a statute . This means that it must then be taken into account by the building permit authority as part of public building law. The responsibility of the organs and the procedure to be followed are based on the local law of the respective federal state . Legal protection takes place in the form of the administrative judicial norm control procedure according to § 47 VwGO .

Material requirements

According to the prevailing doctrine, the decision to draw up the plan only needs to be announced before the decision to block changes, but it can be made in the same council meeting. In order to secure the planning, the block is only necessary if the municipality already has at least a global idea of ​​the planning; the goal of preventing a specific project alone is not enough. In the overwhelming opinion, however, the effectiveness of the planning to be secured is not a legality requirement for the change block, unless the ineffectiveness is almost imposed.

Validity period

In principle, the block comes into force upon notification, in accordance with Section 14 (3) of the BauGB. Here is no effect on already granted building permits instead, the date of construction beginns is irrelevant. According to Section 17, Paragraph 1, Sentence 1 of the Building Code, it generally expires after two years. From a period of four years there is a claim for compensation according to § 18 BauGB.

Deferment

As a provisional security measure, the municipality has the option of deferring a building application in accordance with Section 15 of the Building Code against specific building projects . This is issued by the building permit authority at the request of the municipality. Unlike the change lock, the deferral is an administrative act i. S. v. 35 VwVfG . The correct type of action under administrative procedural law is therefore an action for avoidance . The factual prerequisites of the change lock must also be present for this, and the land-use planning must otherwise be at least made considerably more difficult. The validity is limited to one year.

Provisional prohibition

In the case of construction projects that do not require approval according to the respective state building regulations , the postponement pursuant to Section 15 Paragraph 1 Clause 2 BauGB is replaced by a temporary prohibition.

Parallels to specialist planning

The instrument of the change block can also be found in specialist planning, for example in the FStrG , AEG , EnWG , WHG or in the PBefG .