Urban homesteading
The land use planning is the most important planning tool to guide and order the urban development of a municipality in Germany. It is carried out in two stages in a formal procedure that is clearly laid down in the Building Code ( Building Code ). First, in the preparatory land-use planning is a land use plan for the entire municipality erected (§ § 5-7 BauGBVorlage: § § / Maintenance / juris - side). In zoning then development plans are drawn up for spatial sections of the municipality (§ § 8-10 BauGBVorlage: § § / Maintenance / juris - side). While the land use plan contains only mandatory authorities representations about the basic features of land use, the fixing of the development plans regulate the construction and other use of land in detail and generally binding. The development plans thus determine significant bauplanung legal conditions under which grant the building authorities for construction building permits. If in accordance with the building codes of the countries no building permits are required (so-called approval exemption method ), the builders are not relieved from his responsibility compliance with planning law determinations of the development plan.
For the preparation of development plans, the municipalities are responsible ( local self-government ). They are subject to the legal supervision of higher authorities and the judicial review of the judiciary.
In land use planning local governments to spatial planning objectives in spatial plans note ( § 1 para 4 Building Code, Adjustment duty ) as well as public and private interests into account ( § 1 para 7 Building Code, balancing requirement).
§ 1 BauGB places high demands on the urban land also in other respects. According to the principles laid down therein, inter alia, development plans should help to ensure a decent environment and protect the natural resources and develop. For example, 6 No. 7 is defined in § 1 paragraph that in the preparation of development plans " the interests of environmental protection, nature conservation and landscape management, in particular the balance of nature, water, air and soil, including its natural resources and the climate " must be considered. The land use planning is therefore accompanied by a nature conservation, landscape planning in general and regularly contains a separate environmental report.
Historical Development
The following section applies only to the Prussian development of urban land and, after the Second World War, the West German performance as these have provided the most impetus for today's procedure.
Before 1875 - Police Regulatory alignment fixing
Since the first half of the 19th century, there was alignment determinations that were made by the police. These would alignments and development plans. In the plans, specifications have been taken to road layout. The line of flight plans included a road; the development plans were drawn up for larger areas. The planning authority had the state building inspection, which prompted the local police authority to draw up plans that had to be approved regal. With a Prussian decree of 1855, the setting up of urban construction plans has been resolved. The decree dealt only with the development plans. The initiative for the plan preparation now lay with the police department of the municipality, but local authorities should " participate equally ." In addition to the participation of the community, the disclosure of eight days was introduced, individuals provided the opportunity for objections within four weeks. Subsequently, it was decided at the district government on the plan. Was there during the process, no agreement between the municipality and the police department, the district government decided beforehand and then led by the disclosure.
1875-1945 - Prussian Alignment Law
The further history of development planning built on the Baden Alignment Law of 1868 as the first German Alignment Law and on the Prussian line of flight Act of 1875 ( historically also known as road and Baufluchtengesetz ) on. The Prussian Alignment Law (Law concerning the application and modification of streets and squares in cities and rural towns) from July 2, 1875 (GS p 561 ) put the initiative on the schedule grid for zoning and lines of flight plans in the hands of the municipality. Also, the plan of the municipal council had to be approved and be an approval of the police authority. The above disclosure procedure was adopted in the law and supplemented by a contribution from the authorities concerned. You had to be given the opportunity to safeguard their interests. In addition to the construction plans were later police regulations that assessed the nature and degree of building uses. This was done without the participation of citizens and authorities, but with an agreement between the community leaders and the police. A decree of 1876 placed the design of plans for scale representation ( plan characters), folding and required equipment (eg directory to the enteigenenden landowners ) firmly.
A decree of 1906 amended the Alignment Law. Here the vote was introduced with the neighboring municipalities, as the rapidly growing cities came together particularly in the Ruhr. The competent municipal and police authorities should coordinate with respect to the construction zones and street guides with each other. In the same year, the Minister of Public Works issued a more available, were introduced in the general development plans. This predecessor of the land use plan was an intra-agency, non-binding preliminary draft for future zoning and lines of flight plans. Under these plans, there was no consultation with owners and authorities. 1914 should promote a balance of interests between the community and stakeholders, a ministerial order. Here was fixed on the open position, furthermore, that the affected owners should be informed. Through the Housing Act of 1918, the Alignment Law was supplemented by regulations that simplified the creation of small and medium-sized flats the value of public places for relaxation and increased.
1911, a special purpose association law was passed which regulated the voluntary, collaborative establishment of road and Baufluchtlinienplänen. In today's Berlin Berlin, Charlottenburg, Spandau, Schöneberg, Rixdorf, Wilmersdorf, Lichtenberg, Teltow and circle Niederbarnim a purpose association was founded, included. He was given the task to participate in the construction plans and building control systems. In today's Ruhr area of the settlement Ruhr coal district was founded in 1920 by law. He took over the bauleitplanerische responsibility for the municipalities and the police and created a regional planning organization plan that had a preparatory character. A Town Planning Act 1926 was introduced, but not adopted. Here, the preliminary zoning land subdivision plan was called. This bill was taken up in 1931 with some changes again. The preparatory land use plan was now called economic plan, as well as the enactment of building codes has been awarded to municipalities so that the urban land was united in one place.
1945-1960 - building legislation
After the Second World War, the urban land was marked by reconstruction. The reorganization of the police put the fixing of alignment plans into the hands of cities and counties. The police authorities should, however, be heard in traffic-related issues. 1950 Body laws were enacted after the so-called Lemgo draft in the countries. These govern the settling of construction areas, which was allocated to the municipalities as a compulsory task. For the first time had the responsibility for planning alone in the community. However, the plans to the approval of the higher authority needed. Here, too, was again subdivided into binding and preparatory planning. In addition to the mandatory implementation plans, the construction areas, there was the preliminary master plan for the entire city. The master plan and the implementation plan had to be published for four weeks, which for the first time already held a stake in the preliminary planning. Just like the explanation about the construction area of the master plan by the responsible ministers had ( the explanation about the construction area from the competent supreme Land authority ) and after 1952 to be approved by the higher administrative authority.
In addition to the municipalities, who carried out the planning for the construction of the law, there were residential development communities, the economic plans and lines of flight plans after the Allotment Act of 1946 lined up, as well as communities who set up after the Prussian Alignment Law land use or layout plans and lines of flight plans.
1960-1986 - Federal Building
Only with the Federal Building Act 1960 ( BBauG ), there was a uniform legislation to regulate the entire country, which has remained in the Broad equal to today. The land use plan and the development plan were introduced as two-stage planning. In the method was new, that public and private interests were balanced against each other accessible ( § 1 para 4 sentence 2 BBauG ). The participation of representatives of public interest was recorded for the binding as for the preparatory land-use planning in the law, as is the disclosure process, which was previously regulated by law only in construction law for the preparatory land use plan. The task of the supervisory authority was purely for legal control. Plans from the time before BBauG could be transferred under certain conditions. Further details regulated the Land Use Ordinance of August 1, 1962.
The amendment to the BBauG of 1976, the early public participation, after the submission of the Urban Development Act of 1971, contained the regulations on urban development and redevelopment measures included in the planning. With the acceleration amendment of 1979, the planning procedures should be simplified and expanded rules for the healing of injuries in the preparation of development plans have been received. For the participation of public agencies in the urban land, the fixing of a period was made possible. Also, the parallel method and the simplified method development plan was introduced.
1986 to present - Building Code
In 1986, the Building Code ( Building Code ) was adopted, which summed up the Federal Building Act 1960 and the Urban Development Act of 1971, amended and replaced. Development plans had now, under certain conditions are no longer approved, they can only be displayed. With the Measures Act for the Building Code of 1990, the zoning process was facilitated by process steps were shortened or combined. The investment facilitation and residential land law of 1993, the Building Code and the Building Code - Measures Act was changed only slightly. The project and development plan and the urban contract was taken over from the construction planning and approval regulations of the German Democratic Republic from 1990 that were previously in § 246a, Section 1 of the Building Code for the new Länder and East Berlin in the BauGB Measures Act ( § § 8 and 9 BauGB measures Act ). It was also the BauGB Measures Act, which was previously only in the old federal states, extended to the entire country.
The amendment of 1998 brought only minor changes to the process of development planning. The provisions of the Building Code Act, measures have been partially incorporated into the Building Code. The display method for building plans was abolished. Were important at that time primarily substantive changes, for example to conservationist concerns ( § 1a Building Code ), or new methods of development planning on projects and development plans ( § 12 Federal Building Code).
By European Law Amendment Act Building Strategic Environmental Assessment or Plan- Environmental Assessment was integrated into the development planning process in 2004. Further changes took effect on 1 January 2007 by a further BauGB amendment, especially the accelerated procedure ( § 13a Building Code ) for such planning aimed at the inner development.