Zoning Plan

Zoning Plan - A zoning plan (B-Plan) is a binding municipal ordinance that legally establishes, for a specific area, the type and extent of land use, the areas of land available for development, and the location of structures. Together with the land use plan, it constitutes the second level of municipal urban planning under the Building Code (BauGB).

Content and Provisions of a Zoning Plan

A qualified development plan contains at least four core provisions: the type of building use (such as purely residential area WR, general residential area WA, mixed-use area MI, or commercial area GE according to the Building Use Ordinance (BauNVO)), the extent of building use (floor area ratio GRZ, floor space index GFZ, number of full stories, building height), the buildable plot areas (defined by building boundaries and building lines), and the local traffic areas.

In addition, a development plan may include numerous other stipulations: roof shapes and roof pitches, ridge directions, facade materials, parking space requirements, landscaping regulations, noise protection zones, and areas for public use. These detailed regulations are often set forth in a supplementary local building regulation or design ordinance, which is enacted as a separate ordinance.

If a development plan does not meet all four minimum requirements, it is referred to as a simple development plan. In this case, the assessment of the unregulated aspects is additionally governed by § 34 BauGB (integration into the immediate surroundings) or § 35 BauGB (outlying areas). In practice, planners frequently encounter simple development plans in those dating from the 1960s and 1970s.

Preparation Procedure and Public Participation

The preparation of a development plan follows a legally regulated procedure with two rounds of public participation. During the early public participation phase pursuant to Section 3(1) of the BauGB, the general goals and purposes of the planning as well as the anticipated impacts are presented. Property owners and residents can submit suggestions and concerns-this is the phase in which their influence is most effective.

After the draft has been revised, the formal public participation phase follows in accordance with Section 3(2) of the BauGB, during which the draft plan is made available for public review for one month. The municipality must review the comments received and take them into account in balancing all public and private interests (Section 1(7) of the BauGB). The final development plan is adopted by the municipal council as a bylaw and becomes legally binding upon public notice. For property owners, active participation in these participation procedures is crucial-subsequent objections to a legally binding development plan are only possible within narrow limits.

Expedited Procedures

In addition to the standard procedure, the BauGB also provides for accelerated planning procedures. The simplified procedure under Section 13 of the BauGB allows for changes without an environmental assessment if the basic principles of the plan are not affected. The accelerated procedure under Section 13a of the BauGB (development plans for infill development) applies to infill development projects within already settled areas. Section 13a of the BauGB is regularly applied, particularly in Nuremberg neighborhoods where vacant lots are being filled or commercial brownfields are being converted into residential areas-this significantly speeds up the process and shortens the time to construction readiness.

Practical Tip for Nuremberg and the Metropolitan Region

In Nuremberg, zoning plans can be viewed via the city’s online geoportal. We recommend that any prospective buyer review the applicable zoning plan before purchasing a plot of land or an existing property. Especially in neighborhoods with ongoing redensification projects-such as Röthenbach, Langwasser, or Gebersdorf-zoning plans are regularly updated, which can expand or restrict the development potential of a property. The Nuremberg City Planning Office provides information on ongoing amendment procedures and welcomes suggestions.

For properties without a zoning plan in established downtown locations, buildability is governed by Section 34 of the German Building Code (BauGB). In such cases, we strongly recommend submitting a preliminary building inquiry to the building authority to obtain clarity regarding the planning law admissibility of the proposed construction project before purchasing.

Frequently Asked Questions

Where can I find the zoning plan for my property?

Zoning plans are publicly available and can be viewed at the urban planning office of the respective municipality. In Nuremberg, many zoning plans are available digitally via the online geoportal-directly at stadtplanung.nuernberg.de. For binding information regarding the applicable regulations, we recommend submitting a written inquiry to the urban planning office, as not all changes and additions are always reflected online in a timely manner. For properties in the Nürnberger Land or Erlangen-Höchstadt districts, please contact the respective municipal building authority or the district office.

What can I build if there is no zoning plan?

If a property is located in a built-up area (inner zone), permissibility is governed by Section 34 of the German Building Code (BauGB). The planned construction project must blend into the character of the immediate surroundings in terms of the nature and extent of the building use, the construction method, and the property area. The benchmark is the actual existing built environment-a four-family house in an area with single-family homes may be prohibited, even without a zoning plan. In the outer zone (§ 35 BauGB), only privileged projects such as agricultural operations or wind turbines are permitted-residential development is generally prohibited there.

Can a zoning plan be amended retroactively?

Yes, the municipality can amend, supplement, or repeal an existing zoning plan. The amendment procedure generally follows the same process as the initial drafting, including an environmental assessment and public participation. For minor changes, a simplified procedure under § 13 BauGB is available, under which the environmental assessment may be waived. Owners may propose a zoning plan amendment to the municipality-however, there is no legal right to such an amendment. The municipality decides whether to initiate the procedure after weighing all relevant factors.

What significance do the GRZ and GFZ in the zoning plan have for owners?

The floor area ratio (GRZ) specifies what percentage of the lot area may be built upon. A GRZ of 0.4 means that on a 600 m² lot, a maximum floor area of 240 m² may be built. The floor space index (GFZ) determines the ratio of the total floor area to the lot area and thus indicates how intensively a lot can be used. A GFZ of 1.2 allows for a total floor area of 720 m² on the 600 m² lot. These two key figures are decisive for a property’s developability and thus its value. When considering a purchase, one should always check whether the existing building already maximizes the GRZ and GFZ permitted under planning law or whether there is still potential for expansion.

Zoning Plan and Redensification in Nuremberg

The city of Nuremberg is pursuing an active redensification strategy to create housing within the existing urban area. The focus is on vacant lots, building additions, and attic conversions. Owners in Nuremberg who wish to develop their property or building should check whether the current zoning plan already allows for redensification-or whether an amendment to the zoning plan can be requested. The Nuremberg City Planning Office offers a free preliminary consultation to discuss the planning options. Redensification through adding stories or extensions can significantly increase property value-provided that the floor area ratio (FAR) and floor space index (FSI) limits still allow for flexibility and the parking space requirement can be met. We assist owners in assessing the development potential of their property in the Nuremberg metropolitan region.

Back to the Real Estate Glossary.