Construction Law in Germany referred to the rules of law concerning the construction.
Usually, the construction law is divided into private construction and public construction law. The former refers to legal norms of civil law, the real property and neighboring rights, service contracts concluded at about the preparation and execution of a construction project ( architect's contract, building contract with contractors, etc. ) regulate and neighboring rights laws of the Länder. The public construction law governs those parts of the public law relating to (also) construction projects. Within the public building will again distinguish between the planning law - rules such as safety and design standards, the standards, the more detailed regulations for individual construction projects - the norms that regulate the development potential of land - and the building regulations.
In addition, the subjective right can also be meant to cultivate a plot of land.
Lower Written construction law already existed in ancient times. This requires about include the tradition of the Corpus Juris. Even the medieval law knew building code regulations, such as corresponding provisions in the Mirror of Saxony and Swabia in the mirror. These requirements are set out for example in 1568 in the " Newen Bawordnung " by Duke Christoph of Württemberg and in other national forms of construction law, especially since in reference to the ancient city hygiene legislation was renewed in the 19th century.
The public planning law is found primarily in the Building Code ( Building Code ) of the Land Use Ordinance ( BauNVO ) and the plan characters Regulation ( PlanZVO ). The rights of the real property to be limited by the totality of the building code regulations. The landowner must accept these restrictions compensation if they move 2 Basic Law in the context of the so-called social obligations of property within the meaning of Article 14 para ( " Property entails obligations "). Leave the restrictions in the property binding, they constitute an expropriation, which must be compensated (Article 14, paragraph 3 GG ).
The zoning is the end link of a planning process, whose starting point is the spatial planning in federal and state governments. The land use planning is the key instrument for the orderly and sustainable urban development. Form, installation procedures and possible content of development plans are determined by the Building Code and the Land Use Ordinance. The actual planning is the responsibility of cities and towns; they represent the urban land on ( zoning, development plans and other urban development statutes ) under their responsibility.
The urban land is not only a self-government for municipalities, but, as is clear from § 1 para 3 Building Code, a mandatory task of the church. Development plans shall be drawn up as soon as and to the extent necessary for urban development and planning; that is, to direct urban development on track.
Simplified it can be said that planning law governs whether, what and how much can be built.
Priorities of the building regulations, the requirements of the land and its development (eg, distance surfaces, traffic moderate development, number of required parking spaces), to individual rooms, apartments and special equipment ( for example, spaces) as well as basic requirements for the execution of civil structures and of the most important parts of the building (for example, stability, safety, fire protection).
The most important basics of building regulations can be found in the national building regulations of the federal states. In addition, there are regulations in garages, furnace, meeting places and procedural regulations.
In the building regulations of the country is also determined the types of procedures for the client are available, for example in Baden- Württemberg, the planning application process, the simplified method or the knowledge transfer process. Not all construction projects, however, are subject to approval or notification. The building codes lead to numerous projects which have moved freely.
Simplified it can be said building law governs, must be built like in detail.
Construction Law as course
The Bachelor's area, the Bochum University offers a course of study of civil engineering, which also covers legal issues. At the Professional School of the University of Lüneburg, the master construction law and construction management can be studied part-time. The University of Karlsruhe also treated in their construction management master the complex construction law.