1 Introduction Principles Urban Development Germany

Referat
SW I 2 09.09.2016
Basic principles for urban development in Germany
I. German Federal Urban Development Law - the Federal Building Code
Urban development law is a branch of Germany’s public building law. It is the pur-
pose of urban development law to establish the legal status of land and to determine
its potential uses, thereby regulating the site-specific requirements applying to a
building project. Urban development law aims to ensure the orderly development of
settlements; its basic tool is development planning. To that effect, urban develop-
ment law regulates how to prepare for and manage the use of land including for
building purposes. Urban development law is federal law; its sources are the Federal
Building Code and related Ordinances.
1. Federal Building Code
The Federal Building Code is the main legal basis for German urban develop-
ment law. Urban development law aims to secure sustainable urban develop-
ment that unites social, economic and environmental protection requirements
while remaining responsible to future generations.
The central instrument for sustainable urban development is development

planning. The creation of urban development plans is first and foremost the
responsibility of cities and municipalities as part of local self-government.
Urban development plans, in particular binding development (zoning) plans,

allow municipalities to designate areas for certain types of use and to set re-
quirements for such uses. For example, zoning plans can determine maximum
height and size of buildings, designate areas that must remain free of con-
struction, earmark land solely for social housing, or set apart land for green
space or infrastructure facilities.
The Federal Building Code’s first chapter sets out general urban development
law, defining the requirements for the procedure of creating urban develop-
ment plans and prerequisites for the compliance of construction projects with
planning law (§§ 29 ff). The code contains rules on proper consideration that
should be given to a variety of aspects and interests in the planning decision.
This includes comprehensive provisions for public and public authority partici-
pation as well as environmental protection. Development planning can also
limit the ways sites can be used; for this reason, the Federal Building Code al-
so includes provisions for compensation where property value decreases due
to planning decisions. In addition, the first chapter of the Federal Building
Referat SW I 2 09.09.2016
Code sets out provisions for the redevelopment of plots based on location,
shape and size (reallocation).
The second chapter of the Federal Building Code defines special urban devel-
opment law, which focuses on urban (re)development and modernisation
measures carried out by municipalities in order to substantially improve or
transform areas to alleviate urban development deficits. The code defines cri-
teria for assessing redevelopment needs, the overall aim of redevelopment
measures and provides for the participation of affected individuals.
In its third chapter, the Federal Building Code contains additional provisions,
for example on the appraisal of land value and special procedural provisions.
2. Building regulations of the German Federal States
Building regulations are another branch of public building law. They are enact-
ed by the German Länder, notably in the form of Länder building regulations.
This branch deals with the structural and technical requirements for building
projects and serves primarily to prevent hazards emanating from the construc-
tion, the existence and the use of buildings. The Länder’s building regulations
also encompass provisions on the building permit procedure and on construc-
tion supervision.
II. Leipzig Charter and National Urban Development Policy
In 2007 the European ministers responsible for urban development passed the “Leip-
zig Charter on Sustainable European Cities”. It contains two key messages:
1. We need to strengthen integrated urban development policy all over Europe.

2. Disadvantaged urban districts do fulfill important functions within the overall
urban context. They should therefore be accorded greater political attention.
As regard to the Leipzig Charter in July 2007 the then Federal Ministry of Transport,
Building and Urban Development began to set up the “National Urban Development
Policy – a joint initiative by government, states and local authority districts”. National
Development Policy is a joint project of the German Congress of Municipal Authori-
ties, the Association of Towns and Municipalities and the Conference of the Building
Ministers of the States and as such an invitation to all interested and active parties to
make a contribution to the topics city and region, living together in the city, urban
qualities and good urban policy. A committee of over 400 persons represents the
diversity of social structures and advises the minister in implementing the National
Development Policy. The continuation of the National Development Policy in the Fed-
Referat SW I 2 09.09.2016
eral Ministry of the Environment, Conservation, Building and Reactor Safety

strengthens sustainable urban development.
The general public is to be made more aware of the topics affecting cities and towns,
new alliances and greater participation are to be encouraged. Citizens are to be more
strongly involved. To this end a number of events are on offer, which promote ex-
change and help find innovative answers. The following will assist in this initiative:
1. “Good practice”, urban development promotion programmes,

2. the “project series for cities and urbanity”,
3. the general “platform” for urban development.
Successful politics relies on protagonists from the worlds of business, science, politics
and civilian society becoming involved, contributing their expertise and skills. The
National Urban Development Policy offers diverse opportunities for collaborative work
on the future of our cities and communities.

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Referat

Basic principles for urban development in Germany

I. German Federal Urban Development Law - the Federal Building Code

1. Federal Building Code

The central instrument for sustainable urban development is development

Urban development plans, in particular binding development (zoning) plans,

2. Building regulations of the German Federal States

II. Leipzig Charter and National Urban Development Policy

1. We need to strengthen integrated urban development policy all over Europe.

eral Ministry of the Environment, Conservation, Building and Reactor Safety

1. “Good practice”, urban development promotion programmes,

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