Scope

In planning and building law, scope of application refers to the geographically defined area to which a zoning plan, a land-use plan, a bylaw, or another building regulation applies with binding force. It specifies which parcels of land are covered by the provisions of the respective plan and thus serves as the decisive basis for determining what may be built on a parcel of land. Properties outside the scope of application are subject to other regulations-often the general law governing outlying areas pursuant to Section 35 of the German Building Code (BauGB).

Scope of Application of a Development Plan

The scope of application of a development plan (B-Plan) is determined by the municipality and marked on the plan map (drawing) by a black or red borderline. All properties within this boundary are subject to the provisions of the B-Plan regarding:

• Type of land use (e.g., WA = General Residential Area, GE = Commercial Area)
• Extent of land use (floor area ratio, floor space index, eave height, ridge height)
• Building style (open, closed, alternative building style)
• Provisions regarding open spaces, parking spaces, and landscaping

Scope of Application and Inner Area vs. Outer Area

Not all properties fall within the scope of a zoning plan. The BauGB recognizes three situations:

1. Within the scope of a zoning plan (Section 30 BauGB): Binding provisions of the zoning plan apply
2. In an unplanned inner area (Section 34 BauGB): Development permitted if it blends into the surroundings in terms of type and scale
3. In an outlying area (Section 35 BauGB): Development is generally prohibited; only privileged projects (e.g., agriculture) are permitted in exceptional cases

Classifying a property into one of these categories is of crucial importance for builders and buyers.

Practical implications of the scope of application on real estate valuation

The scope of a zoning plan has a direct impact on the value of a property. A property located within the scope of a residential zoning plan and thus eligible for building rights is significantly more valuable than an otherwise identical property outside the scope (outlying area). The difference can amount to several hundred euros per square meter of land area.

For investors and developers, the question of whether a property already has building rights or whether a zoning plan must first be established is crucial for project planning. A zoning plan establishment procedure typically takes two to five years and is associated with significant planning costs and uncertainties. Properties without building rights are therefore traded at a discount compared to land with secured building rights.

Amendment of the Scope of Application

Municipalities can expand, restrict, or revoke the scope of application of a zoning plan through a zoning plan amendment procedure. This is a formal procedure involving public participation (Sections 3, 4 of the German Building Code (BauGB)). For owners of properties on the edge of a plan’s scope, such an amendment can have significant consequences-positive (building rights where none previously existed) or negative (restrictive stipulations).

Inclusion within the scope of a zoning plan through municipal development planning can suddenly increase the value of the property. Conversely, new stipulations (e.g., strict building limits, green space requirements) can limit the scope for development and thus the value of the property.

Bylaws and Their Own Scopes of Application

In addition to the zoning plan, municipal bylaws may also define their own scope of application:

• Preservation Bylaw (§ 172 BauGB): Protects the character of the area; demolitions and major alterations require approval
• Neighborhood Protection Bylaw: Supplement to the Preservation Bylaw; protects the established resident population; municipality’s right of first refusal
• Design Bylaw: Prescribes facade design, roof shapes, and materials

In Nuremberg, there are several such bylaws whose scopes of application influence property owners’ freedom of use and design.

Practical Tip for Property Owners in Nuremberg and Franconia

Before purchasing a property in Nuremberg or the surrounding Franconian region, we always recommend reviewing the current zoning plan and its scope of application. The City of Nuremberg makes all valid zoning plans publicly available on the municipal geoportal (GeoNürnberg). There, you can also check whether a property lies within the scope of a plan or in an unplanned inner area.

We routinely perform this check for our clients before submitting a purchase offer. This is particularly important for properties in outlying areas-at the boundary between planned inner areas and outer areas, development possibilities are often not immediately apparent. A property that appears to border directly on a developed area may legally be located in an outer zone, thereby precluding a building permit.

Frequently Asked Questions

How can I find out if my property is within the scope of a zoning plan?

In Nuremberg, you can use the municipal geoportal GeoNürnberg or inquire at the City Planning Office. In surrounding municipalities, contact the Building Regulations Office of the respective municipality or the District Office. The Bavarian State Office for Digitalization, Broadband, and Surveying (LDBV) also provides relevant information in the BayernAtlas.

Can I build on my property if there is no zoning plan in effect?

Yes, if the property is located in an unzoned inner area under Section 34 of the German Building Code (BauGB). The development must then blend in with the character of the immediate surroundings. If the property is located in an outer area (Section 35 BauGB), construction is generally not permitted-except for privileged projects such as agriculture.

What is the difference between the scope of application and the planning area?

Both terms essentially mean the same thing: the geographical area to which a plan applies. “Planning area” is often used informally, while “scope of application” is the legal technical term in the BauGB system.

Can the scope of a zoning plan be changed without my consent?

Yes. Changes to zoning plans are a matter for the municipality; property owners have no right of veto, but they do have the right to participate in the planning process (public participation under Section 3 of the BauGB). Objections may be raised during the process. However, there is no legal right to have a zoning plan remain unchanged. Property owners who are adversely affected by a zoning plan amendment may, in certain cases, assert a claim for compensation under Section 42 of the BauGB.

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