Building law; enactment of local building regulations

By means of local building regulations, the municipality or city can, in particular, regulate the design of buildings (e.g. roof shape, materials, etc.), advertising facilities and properties (e.g. enclosures, greenery, etc.).

Description

The municipalities may issue local building regulations by statute within their own sphere of action

  1. on special requirements for the external design of building structures for the preservation and design of the townscape, in particular for the greening of buildings,
  2. on the prohibition of the erection of advertising installations for reasons of local design,
  3. on the location, size, condition, equipment and maintenance of playgrounds, on the manner of fulfillment as well as on the discharge of the duty,
  4. on the number, size and nature of parking spaces for motor vehicles and parking spaces for bicycles, including the provision of electric charging stations, the additional requirements in the event of changes and changes of use of the facilities, the consideration of local traffic infrastructure, as well as the redemption of the obligation to build and the amount of the redemption, which may be regulated differently depending on the type of use and location of the facility,
  5. on the design of places for mobile waste containers, the design and planting of the undeveloped areas of the developed properties as well as on the necessity, type, design and height of enclosures; it may be stipulated that front gardens may not be used as working areas or storage areas,
  6. on dimensions of the depth of the distance area deviating from Art. 6,
    a) an increase to up to 1.0 H, at least 3 m, in particular if this is intended to preserve the townscape in the municipality or in parts of the municipality or serves to improve or maintain the quality of living,
    b) a reduction to up to 0.4 H, at least 3 m, in municipalities with more than 250,000 inhabitants, if sufficient lighting and ventilation as well as fire protection are guaranteed,
  7. in areas where it is significant or necessary for the street and local image or for noise protection or air pollution control, on the fact that trees may not be removed or damaged on the areas of the built-up plots that cannot be built over and that the areas may not be built over.

Local building regulations can also be issued by means of a development plan or, insofar as the Building Code provides for this, by means of other statutes in accordance with the provisions of the Building Code (Art. 81 Para. 2 Sentence 1 BayBO).

Violation of a local building regulation may constitute an administrative offense punishable by a fine of up to €500,000 (Art. 79 Para. 1 Sentence 1 No. 1, Para. 2 BayBO).

Status: 10.02.2022

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

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