Bauplanungsrecht

Bauplanungsrecht, or building planning law, is the part of German public construction law that governs how land is used and how urban and rural areas are planned and developed. It sets the framework for spatial planning, zoning, and the permitting of building projects, with the aim of ensuring orderly, sustainable, and publicly acceptable development and to prevent conflicts between different land uses.

The legal basis is the Baugesetzbuch (BauGB), a federal act that outlines planning objectives, procedures, and the main planning instruments. The Länder regulate more detailed building regulations (Bauordnungen) and administrative procedures for implementation. A widely used instrument in practice is the Baunutzungsverordnung (BauNVO), which classifies land uses and informs how plans may designate areas for housing, commerce, industry, and other uses.

The core planning instruments are the Flächennutzungsplan (FNP) and the Bebauungsplan. The FNP is the municipality-wide land-use plan that shows the intended use of land (e.g., residential, commercial, open space) and provides the framework for future development. The Bebauungsplan is a binding local plan for specific areas, containing concrete regulations on land use, building density, height, setbacks, open space, and other architectural and infrastructural requirements. In major projects, plan procedures may involve additional steps and environmental assessment.

Planning procedures include draft plans, public participation, and formal adoption by the municipal council, followed by entry into force. The plans influence permission decisions (Baugenehmigungen) under state building codes, and they can be subject to judicial review. The system also contemplates possible public interventions such as expropriation to achieve planning objectives, always balancing development needs with environmental protection and citizen rights.