External area in the German building law the surfaces are called, for which no qualified development plan exists and which lie outside of the local parts cultivated in the connection.

"§ the external area, those is to thus protect 35 BauGB coherently not cultivated landscape, against structural or other demand e.g. by leisure uses and with it generally against Zersiedelung. Contrary to the internal area, for which the law accepts a fundamental building law, for the external area a fundamental building prohibition is subordinated.

That external area is usually unbeplant, thus without development plan. The validity of building projects depends on "§ 35 BauGB. Yardstick for the validity of a building project is its compatibility with the so-called public interests. That external area is reserved for structural use the so-called privileged building projects. To all other projects the principle applies that that is to be kept free external area of land development. Only in individual cases a validity can be given here, if public interests are not impaired.

"§ 35 BauGB has the thematically following structure:

• Paragraph 1 calls finally the privileged projects - for example agricultural projects, mechanisms of the supplies or project with substantial impact on the environment -, for which - regardless of further laws - planning related in principle a requirement for permission exists.
• Paragraph 2 regulates that other projects are only in individual cases permissible, if the development is secured and public interests are not impaired.
• Paragraph 3 contains a not locking enumerating of public interests. Interests, which lead as a rule to the inadmissibility of other building projects are:
  • Contradiction for the representation of the p-plan (e.g. as surface for the agriculture),
  • Emergence, solidification or extension of a fragment settlement (right-technical synonym for "Zersiedelung"),
  • Planning need.
• Paragraph 4 contains special arrangements for existing and inventoryprotected buildings, the favoured projects.
• Paragraph 5 continues to economical handling the external area and the soil and standardizes a retreating longwall system obligation for certain projects.
• Paragraph 6 gives the possibility to the municipality of permitting the structural replenishment of a scattered housing estate by statute.

During projects in the external area therefore it applies strengthened that Vorabstimmungen with the construction supervision, and/or with the municipality (planning board) are advisable and with the lower landscape authority before filing of an application (e.g. Building preliminary inquiry).

During privileged projects (thus other projects in accordance with paragraph 2 and projects favoured in accordance with paragraph 4) the agreement of the upper construction supervision can be necessary, which can extend the licensing procedure.

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• "§ 35 BauGB

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