REALWorld Law

Which authorities are responsible for regulating the development and designated use of individual parcels of real estate in this country and which legislation applies?

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:

• Federal Planning Act (Raumordnungsgesetz)
• Zoning codes of the German states (Landesplanungsgesetze)
• Federal Building Code (Baugesetzbuch)
• Federal Land Utilisation Ordinance (Baunutzungsverordnung).

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

Which authorities are responsible for regulating the development and designated use of individual parcels of real estate in this country and which legislation applies?

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

Which authorities are responsible for regulating the development and designated use of individual parcels of real estate in this country and which legislation applies?

Yes, the design, appearance and size of new buildings are governed by legislation:

• the Federal Building Code (Baugesetzbuch), and
• the Federal Land Utilization Ordinance (Baunutzungsverordnung).

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

Which authorities are responsible for regulating the development and designated use of individual parcels of real estate in this country and which legislation applies?

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

Which authorities are responsible for regulating the development and designated use of individual parcels of real estate in this country and which legislation applies?

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:

Federal Government of Germany

The Federal Government lays down 'leading concepts' (Leitbilder), for example:

• the guarantee of equality of living conditions within Germany,
• protection of the natural environment,
• the necessity of correcting structural imbalances between the former East and West Germany,
• enhancing competitiveness, particularly economic development and strengthening of metropolitan areas.

States

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:

• requirements for the desired structure of settlements
• the need for areas to remain undeveloped (including areas for flood protection, the uses of any undeveloped areas, and sites allocated to the search for and extraction of location-specific raw materials)
• desired infrastructure locations and routes.

Regional planning (Regionalpläne)

Each individual region implements the Raumordnungsplan of its state through regional planning, on a smaller, more detailed scale. For example, the regions can designate:

• green areas (Grünbereiche)
• settlement areas (Siedlungsgebiete)
• industrial areas (Industriegebiet)
• water protection areas (Wasserschutzgebiet)
• zones for wind farms etc.

Municipalities

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:

• areas earmarked for development
• transport
• public infrastructure
• green spaces
• agricultural land and woodland and zones for the protection, preservation and development of the natural environment and the landscape.

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

Which authorities are responsible for regulating the development and designated use of individual parcels of real estate in this country and which legislation applies?

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.

Last modified 13 Mar 2025