GERMANY LAW AND PRACTICE Contributed by: Wolfram H Krüger, Barbara Rybka, Markus Wollenhaupt and Alexander Zitzl, Linklaters
4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning In Germany, strategic planning and zoning are governed by federal statutory law and the rel - evant statutory law of each of the 16 German states, as well as regional and local development plans ( Flächennutzungspläne, Bebauungspläne ). Particularly important codes are the Federal Planning Act ( Raumordnungsgesetz ), the Zon - ing Codes of the German states ( Landespla- nungsgesetz ), the Federal Building Code and the Federal Land Use Ordinance. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction The design, appearance and method of con - struction of new buildings or refurbishment of existing buildings are governed by legislation, specifically the Federal Building Code and the Federal Land Use Ordinance. Regarding the safety of buildings (fire safety, layout and struc - tural safety), the building codes of the respective federal states apply. 4.3 Regulatory Authorities Municipalities are responsible for the regulation of the development and use of individual par - cels of land. The federal government of Germany lays down “leading concepts” ( Leitbilder ), such as the guarantee of equal living conditions within Germany, the protection of the natural environ - ment, and the necessity of correcting structural imbalances between former East and West Ger - many. The federal states establish comprehensive plans ( Raumordnungspläne ) covering the entire state. These plans and their objectives are bind -
ing on all subordinate planning authorities. They mostly cover the requirements for the desired structure of settlements, the need for areas to remain undeveloped, and infrastructure loca - tions and routes. The municipalities’ planning functions are car - ried out at two levels: • the development plan for the entire territory of the municipality ( Flächennutzungsplan ), which lays down the main features of the various types of land use that will be permitted on the basis of intended urban development and the anticipated needs of the municipality, eg, areas earmarked for development, transport, public infrastructure, green spaces, etc; and • a detailed plan for individual areas within the municipality ( Bebauungsplan ), which des - ignates the permitted land use and usually refers to the Federal Land Use Ordinance, giving a detailed description of the building areas (eg, residential, industrial, retail or busi - ness) and restrictions on the size, height and floor area of permissible buildings. 4.4 Obtaining Entitlements to Develop a New Project In order to obtain entitlements to develop a new project or complete a major refurbishment, an application specifying the planned construction work and the use of the land must be submitted. The responsible authorities will then forward the application to any other authority with potential interest in the planned project. The responsible authority itself verifies whether the project complies with planning law. If it does, and if no relevant concerns are raised by the oth - er authorities involved, the responsible authority must grant the building permission.
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