Urban planning

Urban Land-Use Planning - Urban land-use planning is the primary tool municipalities use to guide urban development. It consists of two stages: the Land-Use Plan (preliminary urban land-use planning) and the Zoning Plan (binding urban land-use planning). Urban land-use planning determines where and how construction is permitted within a municipality and serves as the legal basis for issuing building permits pursuant to Sections 2-10 of the German Building Code (BauGB).

Two Stages of Urban Land-Use Planning

Urban land-use planning is divided into two sequential planning stages:

Land Use Plan (F-Plan): The land use plan outlines the intended urban development for the entire municipal area. It broadly indicates which areas are designated for residential, commercial, agricultural, transportation, or green space use. The land use plan is not directly legally binding on individual citizens, but it is binding on the municipality itself when drawing up development plans. Zoning plans must be developed from the land use plan (Section 8(2) of the German Building Code (BauGB)).

Zoning Plan (B-Plan): The zoning plan specifies the provisions of the land use plan for a sub-area of the municipality. It is legally binding and specifies in detail: Type of building use (building area type according to BauNVO), extent of building use (floor area ratio, floor space index, number of stories), buildable land areas (building lines, building boundaries), traffic areas, and green spaces. Building permits may only be issued if the project complies with the provisions of the B-Plan.

Overview of Types of Procedures

Procedure Type	Legal Basis	When Applicable	Special Features
Standard Procedure	Sections 2-10 BauGB	New planning / major changes	Full environmental assessment required
Simplified Procedure	Section 13 BauGB	Changes to existing development plans	No new environmental assessment, reduced public participation
Expedited Procedure	§ 13a BauGB	Infill development < 20,000 m² GRZ	No environmental impact assessment
Infill Development Zoning Plan	§ 13b BauGB	Residential land on the outskirts	Simplified public participation, limited to 10,000 m²

Drafting Procedure and Public Participation

The drafting of a development plan follows a legally regulated procedure in accordance with §§ 2-10 BauGB:

1. Resolution to draft by the municipal council
2. Early public participation (§ 3 (1) BauGB) - Citizens may submit suggestions
3. Early involvement of authorities (Section 4(1) BauGB)
4. Public display of the draft plan for at least 30 days (Section 3(2) BauGB) - comments may be submitted
5. Consideration of the comments received by the municipal council (Section 1(7) BauGB)
6. Adoption of the zoning plan and public notice (Section 10 BauGB)

For affected property owners, active participation in the public participation process is crucial: Those who do not raise objections during the ongoing process may lose the opportunity to successfully challenge the plan later in a judicial review proceeding. Legal representation during the public participation phase is worthwhile when significant economic interests are at stake.

Important Zoning Plan Provisions for Property Owners

The zoning plan contains numerous provisions that directly influence the value and developability of a property:

• GRZ (floor area ratio): The proportion of the property that may be built upon. GRZ 0.4 means: 40% of the property area may be built upon.
• Floor Area Ratio (FAR): The ratio of the total floor area to the lot area. An FAR of 1.2 on a 500 m² lot = a maximum total floor area of 600 m².
• Number of full stories: Indirectly limits the building height. “II” means a maximum of two full stories.
• Building lines and building boundaries: Building lines must be built upon; building boundaries must not be exceeded.
• Type of use: WA (general residential zone), MI (mixed-use zone), GE (commercial zone) according to the BauNVO - decisive for the permissibility of changes in use.

Practical Tip for Property Owners in Nuremberg and Franconia

We recommend that property owners and prospective buyers in the Nuremberg metropolitan region review the applicable zoning plan before making any purchase or construction plans. The City of Nuremberg makes many zoning plans available online via the Geoportal Nürnberg (geoportal.nuernberg.de) - where zoning plans, land-use plans, and ongoing planning procedures can be accessed. Pay particular attention to ongoing plan amendment procedures - a planned rezoning of an adjacent area (e.g., from commercial to residential) can significantly affect the value of your property.

Take advantage of public participation processes to advocate for your interests as a property owner-especially if a planned infill development in your neighborhood would impair your sunlight, view, or peace and quiet. In Nuremberg’s growth districts such as Lichtenreuth (the former Südbahnhof site), Langwasser-Nord, or Gebersdorf, new zoning plan procedures are regularly underway that can have significant impacts on adjacent existing properties.

Frequently Asked Questions

What happens if there is no zoning plan?

In so-called unplanned inner areas (§ 34 BauGB), a project is permitted if, in terms of the nature and extent of the building use, the construction method, and the buildable land area, it fits into the character of the immediate surroundings and the infrastructure is secured. In the outlying area (§ 35 BauGB), only privileged projects (e.g., agriculture, wind energy, utility facilities) are generally permitted. Without a zoning plan, the developer has less planning certainty, as the assessment is made on a case-by-case basis by the building authority and may vary from case to case. A preliminary building inquiry provides binding clarity in this regard.

Can I challenge a zoning plan?

Within one year of the zoning plan’s publication, an application for judicial review may be filed with the competent Bavarian Administrative Court (BayVGH) in Munich (Section 47 VwGO). A prerequisite is that the applicant’s rights are affected by the plan. Typical grounds for challenge include inadequate consideration under § 1(7) BauGB, a missing or flawed environmental assessment, procedural errors in public participation, or a violation of higher-level planning requirements. The success rate of such applications is limited, but in serious cases, it is the right course of action. We recommend seeking legal advice early on from an attorney specializing in administrative law.

How long does it take to draw up a zoning plan?

Drawing up a zoning plan generally takes one to three years-depending on the complexity, the number of comments, and the need for political coordination. Under the expedited procedure pursuant to Section 13a of the German Building Code (BauGB) (development plans for infill development), the process can be shortened to 6-12 months, as the environmental assessment is waived. In the Nuremberg metropolitan region, development plan procedures often take longer than planned in practice, as staffing capacities at the city planning office and the relevant authorities are limited. Developers awaiting new planning approval should factor in generous time buffers in their financial planning.

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