The building zoning plan is the most important planning equipment for the steering and order of the development concerning town construction of a municipality. Them are arranged into preparing building zoning plan - "§"§ 5 - 7 BauGB - (list of the for the entire Gemeindegebiet) and obligatory building zoning plan - "§"§ 8 - 10 BauGB - (list of development plans for spatial subranges of the Gemeindegebiets).

In Germany "§ 1 of the building law book makes high demands against the building zoning plan. After the principles specified there building guidance plans are to contribute to secure a human being-worthy environment and to protect and develop the natural bases of life. In "§ 1 exp. 6 No. 7 it is further fixed that with the list of the building guidance plans "“the interests of environmental protection, the nature protection and the landscape conservation, in particular the ecosystem, are to be considered the water, air and the soil including its raw material occurrences as well as the climate"”. The building zoning plan cannot do therefore without the landscape planning.

Historical development

The following chapter exclusively refers to the Prussian development of the building zoning plan and, after the Second World War, to the West German development, since these supplied most impulses for the today's kind of procedure.

1875 ago - Police-official escape line appointment

Since the first half 19. Century were there escape line appointments, which were met by the police. By this escape line and development plans fell. In the plans definitions to the road guidance were met. The development plans covered a road; the development plans were set up for larger areas. The planning competence had the national Building Department, which requested the local police authority to set up structural drawings which had to be approved royally. With a Prussian decree of 1855 setting up urban structural drawings was regulated. The decree was only concerned with the development plans. The initiative for the plan formulation was now at the police authority of the municipality, however the local authorities should participate "„evenly "“. Apart from the co-operation of the municipality the disclosure was introduced from eight days, which the possibility for objections opened concerning within four weeks. Subsequently, during the district government on the plan one decided. There was no agreement between the municipality and the police authority during the procedure decided the district government before and accomplished then the disclosure.

1875 to 1945 - Prussian escape line law

The further history of the building zoning plan developed on the escape line law of Baden of 1868 than first German escape line law and on the Prussian escape line law of 1875. The Prussian escape line law (law, concerning the application and change of roads and places in cities and rural localities) put the initiative for the plan formulation for land development and development plans into the hand of the municipality. Also the plan had to be approved of by the local council and be present an agreement of the police authority. The disclosure procedure specified above was transferred to the law and supplemented by a participation of the authorities concerned. Opportunity had to be given to them for the keeping of its interests. Additionally to the structural drawings it gave late police regulations, which and measure of the structural uses determined kind. This happened however without participation of the citizens and authorities, but with a tuning between the local guidance and the police. A decree from the year 1876 specified the organization of the plans regarding yardstick, representation (plan notation), folding and necessary plants (e.g. listing of the too enteigenenden property owners).

An order of 1906 supplemented the escape line law. Here the tuning with the neighbour municipalities was introduced, since the rapidly growing cities particularly pushed together in the Ruhr district. The responsible local and police authorities should come to an agreement regarding the building zones and road guidance among themselves. In the same year the Minister for public work issued a further order, to which general development plans were introduced. This predecessor of the today's was an authority-internal, noncommittal scheme for later land development and development plans. With these plans there was no tuning with owners and should a ministerial order the reconciliation of interests between municipality and concerning promote. Here beyond the disclosure it was determined that the owners concerned should be informed. The escape line law was supplemented by the housing law of 1918 around regulations, which increased the value of public places for recovery and simplified also the creation of small and central dwellings.

1911 were issued a purpose federation law, which regulated the freiwillige, joint appointment of road and building line line plans. In today's Berlin a Zweckverband was created, which included Berlin, Charlottenburg, Spandau, Rixdorf, Wilmersdorf, Lichtenberg, Kreis Teltow and circle Niederbarnim. It received the task to take part in the structural drawings and Building Department orders. In the today's Ruhr district 1920 the land settlement association Ruhr coal-mining area was legally created. He took over the bauleitplanerische competence of the municipalities and the police and provided a regional planning federation plan, which had a preparing character. A town construction law was submitted 1926, was not discharged however. Here the preparing building guidance plan area division plan was called. This bill was again taken up 1931 with some changes. The preparing building guidance plan was called now economic plan, in addition issuing the construction specifications was awarded to the municipalities, so that the building zoning plan in a place was united.

1945 to 1960 - structure legislation

After the Second World War the building zoning plan was coined/shaped by the reconstruction. The reorganization of the police put the appointment of development plans into the hand of the large cities and circles. The police authorities should issue however with traffic-technical interests belonged werden.1950 in the countries of structure laws after the so-called Lemgoer draft. These regulated a determining of structure areas, which was assigned to the municipalities as task of obligation. For the first time the competence for planning was alone at the municipality. The planning of the agreement of the superordinate authority however required. Again into obligatory and preparing building zoning plan one divided also here. Beside the obligatory execution plans of the structure areas there was the preparing guidance plan for the entire city. The guidance plan and the execution plan had to be revealed for four weeks, whereby for the first time a participation already took place in the preparing building zoning plan. Just as the explanation to the structure area had to be approved the guidance plan by the responsible specialized Minister (the explanation to the structure area of the responsible highest Land authority) and after 1952 by the higher administrative authority.

Beside the municipalities, which accomplished planning after the structure law, there were to housing development municipalities, which set up economic plans and development plans after the housing development law of 1946, as well as municipalities, which set up land use and/or allocation plans and development plans after the Prussian escape line law.

1960 to 1986 - federal's building law

Only with the federal's building law of 1960 (BBauG) it came to a uniform legal regulation for the entire federal territory, which remained today alike in the fundamentals until. The and the development plan were introduced as two-stage building zoning plan. At the procedure it was new that public and private interests were to be weighed against each other fairly ("§ 1 exp. 4 sentence 2 BBauG). The participation of the carriers of public interests was taken up for the obligatory as for the preparing building zoning plan to the law, likewise the disclosure procedure, which was legally regulated before only in the structure law for the preparing building guidance plan. The task of the supervisory authority became pure right control. Plans from the time before the BBauG could be led up under certain conditions.

With the novella of the BBauG of 1976 the early citizens' participation was taken up after the collecting main town planning promotion law of 1971, which contained regulations over reorganization and development measures concerning town construction, to the building zoning plan. With the acceleration novella of 1979 the building guidance plan procedure should be simplified and it extended regulations for the healing by injuries with the list of the building guidance plans was taken up. For the participation of the carriers of public interests in the building zoning plan the appointment was made possible for one period. Also the parallel procedure and the simplified development plan procedure were introduced.

See also

• Building law book, building guidance plan
• Portal: Environmental protection, topic list road construction

Related links

• "§ 1 of the building law book

Articles in category "Building zoning plan"

We found here 6 articles.

Related Websites

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