Interior Regulations

An inner-area ordinance is a municipal legal instrument that a municipality uses to rezone unplanned inner areas (Section 34 of the German Building Code) or areas in the outer zone through a simplified ordinance in order to enable or regulate construction projects. The term is primarily used for two types: the clarifying ordinance (which defines the boundaries of the contiguously developed district) and the incorporation ordinance (which incorporates rural areas into the urban area). Both types of ordinances are regulated in § 34(4) of the BauGB and serve to provide legal clarity without the need for a complex zoning plan procedure.

Clarifying Statute: Delineation of Inner and Outer Areas

The clarifying statute bindingly defines which areas belong to the contiguously developed district (inner area) and which to the outer area. This distinction is crucial for construction projects: In the inner area (§ 34 BauGB), projects that blend into the immediate surroundings are permitted; in the outer area (§ 35 BauGB), only privileged or exceptionally permitted projects are allowed. A clarifying ordinance provides legal certainty without specifying the type or extent of use.

The classification as an inner or outer area can also be made by the authorities or a court without a clarifying statute-but this is done according to subjective criteria, which lead to uncertainties in practice. A clarifying statute eliminates this uncertainty and provides planning security for all property owners in the area.

Inclusion Statute: Development Opportunities in Peripheral Areas

The Inclusion Statute makes it possible to incorporate outer-zone areas on the outskirts of a district into the inner zone if the area is adjacent to the inner zone and is characterized by development. This allows previously undeveloped properties on the outskirts of town to become buildable-which significantly increases their value. The increase in value can amount to several hundred percent: a farm plot with low market value becomes a fully-fledged building lot.

The conditions for an effective Inclusion Ordinance are: The area to be included must directly border the inner area; it must not be so large as to require its own zoning plan; it must not conflict with public interests (e.g., nature conservation, water rights, agriculture); and it must be developed or have development secured. Inclusion statutes must not, in principle, lead to urban sprawl in the outer area.

Development Statute: The Third Type of Statute

In addition to clarifying statutes and inclusion statutes, Section 34(4)(3) of the BauGB also provides for the development statute, which allows for the designation of specific uses on an outer area that has already been incorporated. It is less common in practice and requires that the area has already been incorporated into the inner area via an incorporation statute.

Relevance When Purchasing Land

For buyers of land on the outskirts of a town, the question of whether the property is located in the inner or outer area is of vital importance for its developability. An inner-area ordinance can turn an undeveloped outer-area property into a valuable building lot. Conversely, the absence of an inner-area ordinance can lead to a classification as an outer area despite visually dense development in the surrounding area-and thus cause the buyer’s project to fail.

For investors, monitoring planned inner-area zoning regulations is particularly interesting: Those who purchase a property on the outskirts of a growing municipality before the incorporation zoning regulation takes effect can realize significant increases in value. However, this requires precise knowledge of the municipality’s planning intentions and a certain degree of patience and risk tolerance. We recommend consulting the relevant municipality or the building authority before purchasing peripheral locations.

Practical Tip for Property Owners in Nuremberg and Franconia

In the surrounding municipalities of the Nuremberg metropolitan region-such as in the districts of Roth, Neumarkt, or Erlangen-Höchstadt-inner-area zoning regulations are regularly used to clarify vacant lots on the outskirts of towns. Anyone purchasing land in outlying areas of these municipalities should definitely clarify the zoning classification with the relevant district building authority in advance. In growing municipalities around Nuremberg, Fürth, and Erlangen, incorporation statutes are an active tool for creating new building sites-here, it is worth monitoring municipal land-use planning.

We are familiar with the regional specifics and assist our clients in legally assessing the developability of a property before purchase. If necessary, we connect clients with experienced attorneys specializing in public building law who can provide a reliable initial assessment.

Frequently Asked Questions

Is an inner-area ordinance the same as a zoning plan?

No. An inner-area ordinance only defines the spatial scope of the inner area or includes specific areas. A zoning plan, in addition, contains specific provisions regarding the type and extent of building use, construction methods, and building lines. The ordinance is the simpler instrument-faster to enact, but also offering fewer control options for the municipality.

Can any municipality adopt an inner-area ordinance?

Yes, the municipality has this authority under Section 34(4) of the German Building Code (BauGB). However, it must verify certain prerequisites and take environmental concerns into account. In Bavaria, municipalities must also notify the higher administrative authority (district office or state government) of the ordinance.

How do I find out if an inner-area ordinance applies to a property?

Information regarding building regulations can be obtained from the municipality’s building control office or urban planning office. Alternatively, the development plan cadastre or the municipality’s geoportal provides information on existing ordinances. In Bavaria, the Bavarian Geodata Portal (BayernAtlas) provides municipal planning information for many municipalities.

What does it cost to enact an inner-area ordinance?

The costs for the municipality are significantly lower compared to a zoning plan, as a full planning procedure is not required. Nevertheless, costs are incurred for expert opinions, plan drawings, and the public participation process. In some municipalities, property owners who benefit from the ordinance may be required to contribute to the costs through an urban development agreement.

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