Bauleitverfahren

Bauleitverfahren is the statutory procedure in Germany for urban land-use planning under the Baugesetzbuch (BauGB). It is the two-stage process by which municipalities determine how land in their area may be used, balancing development needs with public and environmental interests.

The two central instruments are the Flächennutzungsplan (FNP) and the Bebauungsplan (BP). The FNP is a municipality-wide plan that shows the intended land use for the entire area, such as housing, industry, traffic, open space, and other functions. It provides the framework for development and guides the formation of later detailed plans. The BP is a more detailed, binding plan for specific areas or parcels, translating the FNP into concrete development rules like building density, front setbacks, and land-use restrictions.

The planning process is initiated by the municipality and follows formal steps. A plan is prepared or updated (Aufstellungsbeschluss) and then drafted into the plan documents. Public participation is required under § 3 BauGB, including a public display (Auslegung) period during which residents and interested parties can inspect the draft and submit comments. The Träger öffentlicher Belange (TÖB)—public authorities with interests affected by the plan—are consulted under § 4 BauGB. In some cases, environmental information or impact assessments accompany the plan.

Adoption of the plan occurs through the municipality's decision, followed by publication and entry into force. The BP and, where applicable, the FNP become the binding basis for issuing planning permissions and overseeing development. Plans can be amended or replaced through further Bauleitverfahren, and they can be challenged in administrative courts if legal requirements were not met or rights were harmed.