Strategic planning/zoning in Germany is governed by federal statutory law, the relevant statutory law of each of the 16 German states (Bundesländer) and regional and local development plans (Flächennutzungsplan, Bebauungsplan).
Applicable codes of particular importance are:
In relation to permission for new construction, the refurbishment of buildings and safety in buildings, the Building Codes of the German States apply.
Last modified 13 Mar 2025
Yes, a building permit is normally required before any operational development or material change of use can occur. The building permit must be applied for at the relevant Building Supervisory Authority (Bauaufsichtsbehörde) who controls that the building application complies with all relevant public law regulations. In particular, it checks whether the building project is in line with the development plan and other urban development regulations, whether all technical and safety requirements have been met, all environmental regulations have been observed and the rights and interests of neighbours have been taken into account. However, the Building Acts at state level contain specific lists of buildings and other types of construction that do not require a building permit (typically minor projects, such as the construction of fences, huts, etc.), as long as they are in line with the applicable development plan. The Building Land Mobilization Act (Baulandmobilisierungsgesetz) came into effect on 23 June 2021 and grants the competent building authorities the right to issue a building order against a landowner in case of urgent housing needs in tense residential markets (Sec. 175 (2), 176 (1) sentence 1 no. 3 of the Federal Building Code). Additionally, the Act simplifies the granting of exemptions from existing development plans in favour of housing construction for building permit authorities.
Furthermore. Sec. 9 (2d) of the Federal Building Code was amended and now authorizes the competent building authorities to define in their development plans on a sectoral level (sektoraler Bebauungsplan) in which areas residential properties and/or social housing must be built.
Last modified 13 Mar 2025
Yes, the design, appearance and size of new buildings are governed by legislation:
As far as the safety of buildings is concerned (fire prevention, layout and structural safety), the Building Codes of the federal states apply.
Last modified 13 Mar 2025
Yes, building permissions are required before land can be put to new use. Certain limited changes of use may be automatically authorised in certain cases. Where a development plan is in place, land can only be used in accordance with that plan.
Last modified 13 Mar 2025
The regulation of the development and use of individual parcels of land falls under the responsibility of the relevant municipality. Guidelines are laid down for the municipalities by the Federal Government, the relevant state (Bundesland) and the relevant region as follows:
The Federal Government lays down 'leading concepts' (Leitbilder), for example:
The states in Germany draw up comprehensive plans (Raumordnungspläne). Each of those plans covers the whole of the relevant state. The state's comprehensive plan and objectives are binding on all subordinate planning authorities (ie the regional planning authorities and municipalities).
Examples of the content of state plans include:
Each individual region implements the Raumordnungsplan of its state through regional planning, on a smaller, more detailed scale. For example, the regions can designate:
The municipalities’ planning functions are carried out at two levels:
1. The development plan for the entire territory of the municipality (Flächennutzungsplan): this lays down the main features of the various types of use of land that will be permitted on the basis of intended urban development and the anticipated needs of the municipality, for example:
2. A detailed plan for individual areas within the municipality (Bebauungsplan), designating the permitted land use (such as residential, industrial, retail or business) and restrictions on the size, height and floor area of permissible buildings.
Last modified 13 Mar 2025
This depends on the nature of the development and must be determined on case by case basis but may include various kinds of environmental permissions or permits.
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Before the actual building permit process begins, a preliminary building application can be submitted in order to clarify whether the planned building is generally permissible on the property.
To initiate the building permit process, an application must be submitted in which the planned construction works and the use of the land are specified. The responsible authorities will then forward the application to any other authority with a potential interest in the planned project (for example: the environmental authorities, historic monument protection authorities, etc).
The responsible authority itself verifies whether the project complies with planning law. If so, and if there are no relevant concerns raised by the other authorities involved, the responsible authority must grant the permission. It is also possible for the responsible authority to issue the building permit with requirements and conditions to ensure the approvability of the building project.
If a permit is refused, legal action can be commenced.
Last modified 13 Mar 2025
Third parties may take legal action against the grant of permission but will only succeed if they can prove that the permission constitutes a breach of statutory provisions which have been enacted with the intent of protecting the appellant's rights. This includes any legislation protecting third parties (neighbours), eg provisions regarding the distance to be kept from property boundaries (Abstandsflächen).
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The building application is reviewed by the building supervisory authority (Bauaufsichtsbehörde) who will forward the application to any other authority with a potential interest in the planned project. These include, in particular, the monument protection authority, the environmental authority, fire protection authorities and water authorities.
If a permit is refused, legal action may still be commenced. In this case, a court will review the application documents to establish whether the grant or refusal of a building permit was lawful or not.
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Under the German Federal Administrative Court Procedures Code (Verwaltungsgerichtsordnung), a person applying for permission for development or a new designated use may commence proceedings if the responsible authority does not make a decision within three months following the application.
Last modified 13 Mar 2025
Legal action can be commenced against a relevant authority's decision to refuse planning permission. Third parties can commence proceedings against the grant of a building permit if they can prove that the decision may have been unlawful and violates the rights of the third party, ie that rules designed to protect the objector have been infringed.
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Arrangements known as urban development contracts (städtebaulicher Vertrag) can be entered into between building owners or developers and the relevant municipality. In such contracts, the municipality undertakes to support the building owner or developer in realizing its project (ie by granting the necessary permits); in return, the building owner or developer undertakes to support the municipality in its planning goals.
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The standard period within which a planning permission must be implemented is three years. If construction works have not been commenced within that period, a new permit must be applied for.
It is, however, possible to apply for an extension to the validity of the permit.
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Local planning authorities can take the following steps to enforce restrictions:
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Does public law control the detailed design, appearance and method of construction of any new building?
Yes, the design, appearance and size of new buildings are governed by legislation:
As far as the safety of buildings is concerned (fire prevention, layout and structural safety), the Building Codes of the federal states apply.
Last modified 13 Mar 2025