Zoning Plan

Zoning Plan (B-Plan) - A zoning plan is a binding municipal land-use plan that legally defines, for a specific area, the type and extent of permitted development, thereby serving as the basis for the issuance of building permits.

What exactly does “zoning plan” (B-Plan) mean?

The zoning plan is developed from the overarching land use plan (preliminary urban development plan) and is enshrined in Section 30 of the German Building Code (BauGB). While the land use plan outlines the general urban development of a municipality, the zoning plan contains binding provisions for individual parcels of land. As a statutory instrument, it has direct legal effect on property owners and developers.

The most important provisions of a zoning plan concern the type of land use (such as a purely residential area, mixed-use area, or commercial area according to the Land Use Ordinance) as well as the extent of land use. The latter is determined by key figures such as the floor area ratio (FAR) and the floor space index (FSI). The FAR specifies the maximum percentage of the lot that may be built upon, while the FSI regulates the ratio of the total floor area to the lot area. For example, if the GRZ is 0.4, a maximum of 200 square meters may be built on a 500-square-meter plot.

In addition, the zoning plan specifies building lines and building boundaries. A building line requires that a building be constructed exactly on that line, while a building boundary marks the outermost permissible development. Additional stipulations may include the construction method (open or closed construction), the number of full stories, the roof shape, parking space requirements, as well as green spaces and planting requirements.

The law distinguishes between the qualified development plan and the simple development plan. A qualified development plan within the meaning of Section 30(1) of the German Building Code (BauGB) contains at least stipulations regarding the type and extent of building use, the buildable land areas, and the local traffic areas. If these four minimum stipulations are present, the permissibility of a building project is determined exclusively by the development plan. A simple development plan, on the other hand, does not contain all four minimum provisions. In this case, admissibility is additionally assessed in accordance with Section 34 of the BauGB (inner area) or Section 35 of the BauGB (outer area).

Public Inspection and Participation Procedures

Every development plan is publicly accessible. Property owners and prospective buyers can view it at the relevant building authority or urban planning office. Many municipalities now also make their zoning plans available digitally via geoportals. Before a zoning plan is drawn up or amended, a public review is required, during which citizens and public interest groups can submit comments. This public participation procedure under Sections 3 and 4 of the BauGB ensures that residents and affected property owners can voice their interests at an early stage. Anyone wishing to purchase a property should definitely check the applicable zoning plan before making a purchase decision, as it significantly determines the buildability and thus the value of the property.

Important Provisions in the Zoning Plan - Overview

Type of Provision	Abbreviation	Meaning	Example
Floor Area Ratio	FAR	Max. proportion of the plot area that can be built on	FAR 0.4 = 40% buildable
Floor Space Index	FSI	Max. ratio of floor area to plot area	FSI 1.2 = 120 m² floor area per 100 m² plot
Full Stories	II, III, IV	Permitted number of full stories	“II” = maximum of 2 full stories
Building Line	-	Outermost boundary of the building structure (cannot be exceeded)	Minimum distance from the street: 5 m
Building Line	-	Building structure must be positioned exactly on this line	Historic perimeter block development
Type of Use	WA, MI, GE	Development area type according to BauNVO	WA = general residential area
Roof Shape	-	Gable roof, flat roof, hipped roof	“SD 30-45°”
Parking spaces	-	Requirement to provide parking spaces	1 parking space per residential unit

Practical tip for property owners in Nuremberg and Franconia

In the Nuremberg metropolitan region, zoning plans are available digitally via the City of Nuremberg’s geoportal as well as through the urban planning offices of surrounding municipalities such as Fürth, Erlangen, and Schwabach. Especially in the sought-after locations of Nuremberg’s Südstadt, in Erlangen-Süd, or in the growing outlying municipalities such as Wendelstein and Schwanstetten, new zoning plans are regularly established or existing ones amended.

Our network of experts recommends reviewing the current zoning plan and checking for potential amendment procedures before purchasing any property. This is because an ongoing amendment process can significantly alter development possibilities. Anyone wishing to renovate or expand an existing building should also consult the zoning plan to ensure that the project is feasible within the established floor area ratio (FAR) and floor space index (FSI).

Frequently Asked Questions

What happens if there is no zoning plan for my property?

If a property is located in a contiguously developed inner area, admissibility is governed by Section 34 of the German Building Code (BauGB). The project must then blend into the surrounding development in terms of the nature and extent of its use. If the property is located in an outer area, the stricter regulations of Section 35 of the German Building Code (BauGB) apply, which permit development only in exceptional cases, such as for agricultural and forestry operations.

Can a zoning plan be amended?

Yes, municipalities can amend, supplement, or repeal zoning plans. This requires the same procedure as for the initial adoption, including public review and public participation. Owners affected by a planned amendment should use the public review periods to submit comments and assert their interests.

Can I violate the provisions of the zoning plan?

Generally, no. As a municipal ordinance, the zoning plan is legally binding. Deviations are only possible through an exemption under Section 31(2) of the German Building Code (BauGB), which the municipality may grant on a case-by-case basis if the fundamental principles of the plan are not affected and the deviation is justifiable from an urban planning perspective. In practice, building authorities grant such exemptions only if there is a clear justification and the deviation is minor.

Back to the Real Estate Glossary.