Reuse

In the context of real estate and planning law, “repurposing” refers to the new, altered use of a plot of land or building after its previous use has been discontinued. Typical reuse scenarios include: the conversion of former industrial sites (conversion sites) into residential or mixed-use areas, the conversion of vacant office buildings into apartments, the redevelopment of abandoned barracks or railway yards, or the revitalization of retail properties after a business has closed. Reuse is a key tool in modern urban development and land recycling.

Legal Basis for Reuse under Building Regulations

Any significant change of use requires a change-of-use permit from the competent building authority. The authority assesses whether the new use is permitted under the zoning plan or the surrounding development (§ 34 BauGB), which structural requirements (sound insulation, fire protection, accessibility, energy efficiency according to GEG) apply to the new type of use, and whether an environmental impact assessment is required.

The conversion from commercial to residential use is often possible under planning law but technically challenging. Particularly relevant factors include: minimum ceiling heights and window areas for living spaces, soundproofing requirements (often stricter than in commercial settings), barrier-free access for buildings with more than two residential units, and the obligation to provide parking spaces. In some municipalities, simplified approval procedures for the conversion of vacant commercial properties have been introduced to alleviate the housing shortage more quickly.

Conversion Sites as Development Potential

The Nuremberg metropolitan region features numerous historic conversion sites: former industrial sites (e.g., along the Pegnitz River), abandoned military areas (e.g., the former barracks site in Erlangen-Süd), and railway lands that are being developed for new residential neighborhoods and mixed-use projects. The reuse of these sites creates urgently needed housing without claiming additional undeveloped open spaces-an important contribution to the federal government’s land-saving goal (net-zero land sealing by 2050).

Municipalities often develop their own zoning plans for such sites that address specific challenges (contaminated sites, noise emissions from remaining operations, historic building stock). Investors who get involved in planning processes early on have the opportunity to help shape the direction of development.

Economic Opportunities and Risks of Redevelopment

Redevelopment projects offer investors significant opportunities: lower land prices compared to new construction sites, creative design freedom, attractive urban locations, and frequent public funding opportunities (urban development grants, KfW programs). Another advantage: existing infrastructure (utilities, utility lines) can be utilized.

Risks, on the other hand, include contamination from contaminated sites (soil remediation can be very costly), unknown foundation conditions, historic preservation requirements, and planning risks due to lengthy zoning procedures. Thorough due diligence-technical, legal, and economic-is essential for reuse projects. The contaminated site assessment should be factored into every purchase price calculation.

Redevelopment and Urban Development

Cities benefit from redevelopment projects in several ways: New housing and jobs are created on already developed land without the need to build new infrastructure. Formerly derelict areas are revitalized, which has positive spillover effects on surrounding neighborhoods. And vacant lots are eliminated as sources of social and aesthetic problems.

Municipalities therefore offer incentives for brownfield redevelopment projects-ranging from simplified permitting procedures and urban development grants to preemptive purchase rights, which they use to develop strategically important sites themselves or transfer them to suitable developers.

Practical Tip for Property Owners in Nuremberg and Franconia

Nuremberg and its surrounding municipalities have implemented remarkable reuse projects in recent years-from the development of the area around the Tafelhalle to new residential neighborhoods on former commercial brownfields in Fürth. Anyone who owns a property with vacant commercial real estate should have its reuse potential professionally assessed: Is residential use permitted under planning regulations? What development costs are involved? Are there any subsidies available?

We help owners understand the options under building and planning regulations and find suitable developers or investors. Our knowledge of the local market and regional authorities makes us a valuable partner in the early stages of a project.

Frequently Asked Questions

How much does a change-of-use permit cost?

Fees depend on the scope of the project and the administrative burden; they vary by municipality and state. For larger projects, a full building permit with a change of use can cost several thousand euros. Architect and planning costs are additional.

Can I easily convert an office building into apartments?

Not without a permit. The change of use must be permitted under building regulations (zoning plan, surrounding land use), and the building must be technically suitable for residential use-with adequate sound insulation, fire protection, natural lighting, and the energy standards required by the Energy Conservation Act (GEG). In some federal states, there are simplified procedures for converting vacant offices into residential space.

Who is responsible for remediating contaminated sites on a repurposed property?

Generally, the owner or the party responsible for the contamination. In the case of a sale, the following applies: The buyer assumes the property with all known and unknown encumbrances, unless a contractual obligation to indemnify has been agreed upon. Before purchasing a former industrial or commercial property, a contaminated site investigation (Phase I and, if necessary, Phase II) is therefore essential.

What funding is available for brownfield redevelopment projects in Bavaria?

In Bavaria, the Bavarian State Government supports brownfield redevelopment and conversion projects through various programs: Urban Development Funding (Federal-State Program), the BayernFonds for Conversion Sites, and specific municipal funding programs. In addition, KfW programs for energy-efficient construction are also applicable to the conversion of existing buildings. The specific availability of funding depends on the location and the type of project-we can help you find the right contacts.

How long does it take to plan and obtain approval for a brownfield project?

The duration depends heavily on whether a zoning plan already exists for the site or whether a new zoning plan must be drawn up. With existing building rights and a simple change-of-use permit under the Bavarian Building Code (BayBO), a small brownfield project can be approved and implemented in six to twelve months. Larger conversion projects-such as the development of a former industrial site into a residential and commercial district-require the creation or amendment of a zoning plan, an environmental impact assessment, and a contamination survey. In the Nuremberg metropolitan region, this entire planning process can take five to ten years. It is therefore important for investors to realistically factor planning and approval timelines into their feasibility calculations and to coordinate the use of subsidies at an early stage with the Nuremberg City Planning Office or the relevant district administration office.

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