Land Use Plan

Land Use Plan - The Land Use Plan (FNP) is a municipality’s preliminary urban development plan pursuant to Section 5 of the German Building Code (BauGB), which outlines the intended urban development for the entire municipal area.

What does the Land Use Plan regulate?

The land use plan serves as the overarching planning instrument for municipal urban land-use planning. It outlines, for the entire municipal area, which areas are to be designated for which uses in the future. In doing so, the FNP distinguishes, among other things, between residential areas, mixed-use areas, commercial areas, special-use areas, green spaces, agricultural areas, and transportation areas. Areas designated for public use, such as schools, kindergartens, or sports facilities, are also included.

Unlike the zoning plan, the land use plan is not parcel-specific. It therefore does not show specific property boundaries but rather specifies the general intended use of larger areas. The FNP has no direct legal binding effect on property owners. This means that no building rights can be derived solely from the representation in the land use plan. Only the zoning plan developed from the land use plan creates binding planning law.

Nevertheless, the land use plan is of considerable importance to real estate buyers and property owners. Anyone wishing to purchase an undeveloped property can use the land use plan to determine whether the municipality intends to allow construction in that area at all. If an area is designated as agricultural land in the FNP, the likelihood of it becoming buildable in the short term is low. Conversely, a designation as residential land indicates that the municipality intends to allow residential development there in the medium term.

Relationship to the Development Plan

The land use plan and the development plan together form the two-tier system of urban land-use planning in Germany. The FNP is the preparatory stage, while the detailed development plan is the binding one. According to Section 8(2) of the German Building Code (BauGB), detailed development plans must be derived from the land use plan. The so-called “development requirement” ensures that detailed planning at the level of the detailed development plan does not conflict with the basic principles of the FNP. If a municipality wishes to deviate from the provisions of the FNP, it must first amend it. The preparation and amendment of a land use plan require extensive public participation and the involvement of public authorities.

FNP and Property Value

Although the FNP has no direct legal effect on individual properties, it indirectly influences their value significantly. A property designated as residential land in the FNP has significantly higher development potential-and thus a higher market value-than one classified as agricultural land.

For investors and project developers, studying the FNP is therefore an indispensable first step in evaluating a property: If the FNP indicates a medium-term transition to residential development, the property may have interesting development potential-even if no detailed development plan exists yet. However, actual implementation depends on the municipality’s willingness and timeline; planning horizons of 10 to 20 years are not uncommon.

Practical Tip for the Nuremberg Region

In the Nuremberg metropolitan region, many municipalities now make their land use plans available digitally via geoportals. The City of Nuremberg offers the FNP for review via the municipal geodata portal. Surrounding municipalities such as Fürth, Erlangen, and Schwabach also publish their plans online. We recommend always reviewing the land use plan before purchasing a property in the region. Especially in outlying areas and districts such as Kornburg, Worzeldorf, or Altenfurt, where there is currently still significant development potential, the land use plan provides valuable insights into whether an area is designated for residential development or if other uses are planned. We routinely clarify this for our clients and incorporate the land use plan into the location and development analysis of each property.

Frequently Asked Questions About the Land Use Plan

Can I derive building rights from the Land Use Plan?

No. The Land Use Plan does not have any direct binding effect on property owners. Only the Zoning Plan creates binding building rights. The Land Use Plan merely indicates the municipality’s intended direction of development. It forms the basis from which Zoning Plans are developed.

Where can I view my municipality’s land use plan?

The land use plan is available for review at the relevant municipal or city administration office. In the Nuremberg region, many municipalities also make the plan available online via their geodata portals. If needed, we can also obtain information about the plan’s provisions for a specific area from the relevant urban planning office.

How often is the land use plan updated?

A land use plan is not updated at fixed intervals. The municipality adjusts it as needed, for example, when urban development goals change or new development areas are to be designated. Larger municipalities, such as Nuremberg, regularly undertake amendment procedures, each of which involves public participation.

What does it mean if a property is designated as a “mixed-use area” in the land use plan?

A mixed-use area (M) indicates that the municipality intends to allow both residential use and non-disruptive commercial activity there. A mixed-use area can be developed into a mixed-use zone (MI) or a general residential zone (WA) in the local development plan-depending on the municipality’s specific planning.

How long does it take to amend the land use plan?

An amendment to the land use plan is a formal urban planning procedure under the German Building Code (BauGB) and requires several procedural steps: A resolution by the municipal council to initiate the process, early public participation (Section 3(1) BauGB), participation of authorities and other public interest groups (Section 4 BauGB), public review (Section 3(2) BauGB), and the final resolution and approval by the state government. In practice, a land use plan amendment procedure in the city of Nuremberg or the surrounding counties typically takes two to five years-depending on complexity, political consensus, and the volume of objections. Owners or investors who are dependent on a FNP amendment should factor this timeframe into their development planning and seek dialogue with the city planning office or municipal administration at an early stage in order to constructively support the process.

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