Helpful information on the development plan and planning procedure

The municipalities develop the legally binding land-use plan (B-plan) in compliance with the provisions of the Federal Building Code and the State Building Regulations on the basis of the preparatory land-use plan as part of urban land use planning. While the preparatory land-use plan always covers the entire municipal area, the legally binding land-use plan relates only to sub-areas. Its scope of application is spatially precisely demarcated from other legally binding land-use plans. The legally binding land-use plan thus contains legally binding stipulations for urban development (see Section 8 (1) of the Federal Building Code [BauGB]).

What does the development plan state?

The development plan defines all regulations for the construction of a municipal area. The provisions concern:

• The construction method: This is about the arrangement of the individual structures. It can the open plan to be prescribed means that the structures must stand individually. This means that distances must be maintained between the structures. In the case of closed construction houses must be built wall-to-wall (row house construction). In addition, it can be stipulated whether detached houses and/or groups of houses are permitted.
• The maximum height of the house.
• The maximum Floor Area Ratio (FAR) of the house as well as the Floor Space Index (GRZ)Using the floor area ratio (GFZ), the total achievable area of all floors and the number of full floors can be determined. The site occupancy factor (GRZ) provides information on what percentage of the property may be built upon by the house, garage, and terrace, and what must remain open. The GRZ is given as a decimal.
• Number of permitted full storeys.
• The building density of the property.
• The roof shape: The orientation of the roof ridge or the roof pitch may be prescribed here.
• Colors
• The type / use of the development (commercial area, residential area, mixed-use area). Which uses are permitted in the individual building areas is regulated by the Federal Land Utilization Ordinance.
• The building materials to be used.
• The facade design.
• The boundary distances to the neighboring property (setback areas).
• Building lines and other information concerning the property's building limits
• building depth
• The design of green spaces, parking spaces, etc.
• Location of utility lines.
• Storage areas for garbage cans.
• The buildable and non-buildable areas of the property.
• Size, depth and width of the building plots.

On the other hand, the development plan does not give any instructions regarding interior finishing, building services, energy sources, and the orientation of the house.

The differences from a qualified, simple, or project-related development plan

The development plan always consists of two parts. Part A includes drawn plans and Part B contains the text descriptions. In its explanations, the development plan follows the Federal Land Utilization Ordinance (BauNVO) and the Ordinance on Land Use Plans (Planzeichenverordnung). Anyone is allowed to view it, although it is not necessarily easy to understand. In some municipalities it is accessible online, while in others you must go to the urban planning department or the building regulations office of the municipality.

The Federal Land Utilization Ordinance determines which uses are permitted (such as residential areas, mixed-use areas, commercial areas, special-use areas) and how the regulations regarding specifications such as setback areas and the method of construction are to be applied.

• It is a qualified development plan, if it is detailed and contains important information on the use of the development, the coverage of the plot areas, the dimensions of the structural use, and the public traffic areas.
• If any of the above-mentioned information is missing in the development plan, it is considered a simple development plan spoken. Even if no specific rules exist, this does not mean that arbitrary construction work is permissible. It is essential that Section 34 of the German Federal Building Code is always taken into account.
• Here it is regulated that new buildings must always blend into the built environment. In individual cases, this can mean, for example, that—even if it is not explicitly mentioned in the development plan.
• the facade of a new building must be adapted to the facade design of the existing structures.
• The project-related development plan is initiated by a prospective property buyer, such as a property developer, and subsequently drawn up in cooperation with the municipal council. It, too, must be aligned with the development of the adjacent areas and fit into the overall picture in its specifications. Usually, a realization agreement is concluded between the property developer and the municipality at the same time, which sets a time frame for the implementation of the construction projects.

Is a development plan a help or an obstacle in the event of non-compliance?

The more detailed the development plan, the more regulations must be observed during new construction. As a rule, the regulations have a positive effect on the builder.

If the building height in a development plan is set to two full storeys, one can be certain that no high-rise building will be constructed in the surrounding area that would obstruct the view or diminish the value of the property.

The regulations for the individual can become annoying when they are specified not only in the roof shape, but also in the type of roof tile and the color of the roof when building a house. To be safe from nasty surprises, therefore Every prospective builder must inspect the existing development plan before buying a plot of land or a house..

Binding effect of the development plan: What consequences does non-compliance entail?

The question of whether you have to comply with the development plan can be answered with a clear Yes answer. Those who defy the specifications in the development plan must not only expect considerable fines.

Depending on the extent of the deviation, the building inspection authority can take measures such as a Construction stop or even the Order dismantling. It is important to note that ignoring the development plan does not become exempt from punishment through statutory limitation.

That means, even if the building inspection authority did not notice the violation of the development plan during the construction of the building, the property owner is not safe from corresponding sanctions even years later.

Development plan responsibility: Who is responsible for compliance?

Only those who purchase a plot of land and a house from a property developer do not have to worry about compliance with the regulations in the development plan. Because in this case the The property developer is the builder and thus bears the responsibility. However, if you build with an architect or buy a plot of land and then use a turnkey house provider, you are your own builder and responsible for ensuring that the partners adhere to the instructions.

Are exceptions generally possible?

Exceptions can, but do not have to, be provided for in the development plan. Even if Exceptions are permissible, they must still be examined and approved by the building authority. The municipality's consent to the deviation from the development plan depends on whether no conflicts with residents are to be expected and the character of the area is preserved.

In the Federal Building Code (Baugesetzbuch) under Section 31, it states under what circumstances it is possible to deviate from the regulations of the development plan: if Reasons of public interest require liberation or
if the exemption is compatible with urban development objectives is or
if the Implementation of the development plan leading to unexpected hardships would lead.

However, even with an exemption, the Fundamentals of Planning be complied with.

Can you build even without a development plan?

Even though municipalities are required to create a development plan when expanding new residential areas, there may be plots of land for which no development plan exists. However, this does not release the builder from the obligation to comply with the provisions of Section 34 of the Federal Building Code (BauGB). Thus, any construction project is permissible „if it fits into the character of the immediate vicinity in terms of the type and extent of structural use, the method of construction, and the plot area to be built upon, and if access is secured“ (Section 34 I BauGB). This means that both the use of the property and the type of construction must be adapted to the surrounding neighborhood conditions. The building regulatory authority therefore examines each construction project on the basis of the existing local construction situation. In addition, requirements for healthy living and working conditions must be observed. The planned construction project must not impair the townscape.

Is a preliminary building inquiry sensible before buying a property?

Since the municipality can reject a construction project even on plots of land without a development plan, it is advisable precisely in this case to submit a preliminary building inquiry before purchasing the property – also known as a „small approval procedure.“ It involves fees of varying amounts. As a rule, one thousandth of the total construction costs is due. A informal building enquiry costs less, but has the disadvantage that it is not legally binding. Therefore, under certain circumstances, it can make sense to have a Preliminary building enquiry to be submitted to the office, especially if the following questions cannot be clarified beyond doubt before purchasing the property.

• Which parts of the property may be built upon and which may not?
• What is the permissible building height and how large may the footprint of the building be?
• What use of the property is permitted? Is it a pure residential area, agriculture, or commercial?

A preliminary building application is always submitted in written form submitted to the responsible building regulations office or the building inspection authority. You neither need an architect nor a construction planner for this. However, there must be a serious interest in purchasing, which can be proven to the authorities with a power of attorney from the property owner. Depending on the federal state, different documents are required, so it is advisable to check with the responsible office. In general, however, the following documents are important:

• Form for the preliminary building inquiry.
• Extract from the cadastral map.
• Construction and usage description.
• Architectural drawings
• Drainage and water supply plans.

How is a development plan drawn up?

A development plan is a Articles of Association and with that by a legal norm. The preparation of a development plan takes place in several steps and extends over a longer period of time. This is due not least to the fact that a development plan significantly encroaches upon the rights of property owners and residents.

Whether a development plan is drawn up at all and when this should happen lies in the urban planning discretion of the municipality. Pursuant to Section 1 (3) of the German Federal Building Code (BauGB), however, development plans are to be drawn up as soon and to the extent that it is necessary for urban development and order. The planning authority with regard to development plans thus falls within the self-government right of the municipalities. In doing so, the municipalities must adhere to the Federal Building Code (BauGB) and the respective State Building Code hold.

As long as individual construction projects are described as unproblematic, a development plan is usually dispensed with. Then new buildings are constructed under Section 34 of the German Federal Building Code (BauGB). As soon as a new development area is to be built, the municipality is obliged to, on the Basis of the land-use plan to draw up a development plan for the planning area. During the preparation process, urban planning objectives as well as historic preservation and healthy living conditions must be taken into account. The preparation of drafts is undertaken by a planning office or the planning department. In most cases, the interests and regulations are so complex and comprehensive that there is very little room for independent planning decisions.

So it is Result is always a compromise. The crucial point is that the planning ensures a relatively high degree of reliability and that all necessary procedural steps are observed.

When creating or expanding a development plan, a freeze on changes be enacted. In practical terms, this means that construction projects may not be carried out on the properties in question, structures may not be removed, and value-enhancing alterations may no longer be made. When developing land-use plans, three aspects are of great importance, namely the environmental assessment, public participation, and weighing of interests.

During the drafting of the plan, an environmental assessment must be carried out, and the results are published in the environmental report. The public is involved in the planning intentions by being informed about the project (public participation). In addition, public authorities and agencies (including the trade office or transport company), as well as neighboring municipalities, are invited to submit statements. They can state concerns or objections within a specific deadline. In this context, this is referred to as so-called participation procedures.

Various resolutions lead to the adoption of a development plan:

• Resolution to draw up a development plan.
• Resolution on early public participation.
• Resolution on the draft.
• Resolution on public consultation, involvement of public authorities.
• Resolution on amendments and objections, if applicable renewed display and participation.
• Resolution on the balancing of concerns.
• Resolution on the bylaws.

During the development of the development plan, it must all dates announced publicly in the customary local manner in good time be. The deadlines for the announcement and for the public displays and statements are precisely regulated in § 3 and § 4 BauGB and must for a error-free planning procedure must be strictly observed.

When all private and public interests are weighed, the development plan with the publication of the resolution of the statutes legally binding. The initiative for the planning procedure usually comes from the building or planning office. However, it is also conceivable that an investor takes the initiative and, in cooperation with the municipal council, develops a project-specific development plan.

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