Bestandsschutz

Bestandsschutz is a legal concept in German-speaking planning and property law that protects the legal status, use, and physical existence of buildings or land uses that were established under prior regulations. It ensures that an existing building or use can continue to exist and be operated even after new planning or building rules come into force, provided the previous rules under which it was created remain applicable or were complied with at the time.

The scope of Bestandsschutz covers both the physical structure and the authorized use of a property. It aims to prevent retroactive restrictions that would render a legally established use or form of construction unlawful. Typical protection applies if a building or use existed and complied with the applicable regulations when it was built or first permitted. However, Bestandsschutz is not absolute and can be limited by important public interests, safety requirements, environmental protections, or if essential changes are necessary to bring the property into compliance.

In practice, Bestandsschutz often comes into play during changes to zoning plans, stricter building regulations, or urban redevelopment. It may allow a grandfathered use to continue, even if new standards would not permit the same use today. The protection can persist as long as the use continues without significant interruption and without creating hazards; it can diminish or end if the building is demolished, heavily altered, or the use is discontinued for a long period.

Legal basis and interpretation vary by jurisdiction, but the principle is common in Germany and other German-speaking areas. It is typically developed through statutory provisions, administrative practice, and court decisions, rather than a single codified rule.