The municipalities can determine by statute for built-up areas in the outer area that projects serving residential purposes or smaller craft and commercial enterprises cannot be objected to because they contradict a representation in the land use plan on areas for agriculture or forest or give rise to fears of the emergence or consolidation of a fragmented settlement (legal basis: Section 35 (6) BauGB).
Such a statute first requires that its area of application is not predominantly agricultural and that there is residential development of some weight there. In addition, the legality of an external area statute requires that
- it is compatible with orderly urban development,
- it does not establish the admissibility of construction projects subject to an obligation to conduct an environmental impact assessment, and
- there are no indications that the conservation objectives and the protective purpose of sites of Community importance and European bird sanctuaries within the meaning of the Federal Nature Conservation Act will be impaired, and there are no indications that the planning must comply with obligations to avoid or limit the effects of serious accidents pursuant to Section 50 Sentence 1 of the Federal Immission Control Act.
The background to the regulation is that, for example, residential buildings that do not serve an agricultural operation, or smaller craft or commercial enterprises in outdoor areas can generally only be approved if their construction does not impair public interests. An impairment of public interests within the meaning of the law also exists, for example, if the project contradicts the representations of the municipal land use plan or gives rise to fears of the emergence, consolidation or expansion of a fragmented settlement. In an external area statute, the municipality can stipulate that certain public interests (representations of the land use plan, creation and consolidation, but not expansion of a fragmented settlement) cannot be held against a building project. However, other public concerns, such as those relating to nature conservation, landscape management or water management, may, depending on the circumstances of the individual case, result in the building project being inadmissible despite such a bylaw.
The bylaw may also contain more detailed provisions on the admissibility of building projects. The bylaws are drawn up in a legally regulated procedure in which affected property owners can also comment.