Outer area statutes; enactment

Under certain legal conditions, the municipalities can facilitate the construction of primarily residential buildings in the external area under building planning law by enacting an external area statute.

Description

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 residential development of some weight exists there. In addition, the legality of an external area statute requires that
  • it is compatible with orderly urban development,
  • the admissibility of construction projects subject to a mandatory environmental impact assessment is not justified, 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.

The background to the regulation is that, for example, residential buildings that do not serve an agricultural business or smaller craft or commercial businesses can only be approved in the outer area 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 determine 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 bylaws may also contain more detailed provisions on the permissibility of construction projects in detail. The bylaws are drawn up in a legally regulated procedure in which affected property owners can also comment.

Legal bases

Status: 09.02.2022

Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr

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