Public Building Law

Public building law, as part of administrative law, governs whether, how, and to what extent construction is permitted on a parcel of land. It is divided into building planning law (federal law: the Building Code (BauGB)) and building regulations (state law: in Bavaria, the Bavarian Building Regulations (BayBO)). While building planning law governs permissible land use and urban development, building regulations law sets forth specific requirements regarding safety, design, and setback distances.

Building Planning Law: Development Plan and Land Use Plan

Through the land use plan (preliminary) and the zoning plan (binding), building planning law specifies which types of use are permitted on which areas. Zoning plans define building lines, building boundaries, floor area ratios (FAR), floor space ratios (FSR), number of stories, and construction methods. For properties without a zoning plan, Section 34 of the BauGB applies: The development must blend in with the character of the immediate surroundings. Zoning plans for Nuremberg’s districts can be viewed via the City of Nuremberg’s GeoPortal.

Overview of Three Development Scenarios

The BauGB generally distinguishes between three spatial scenarios that are decisive for the permissibility of construction projects:

Planned Inner Area (Section 30 BauGB): A qualified zoning plan exists. The project is permissible if it complies with the plan’s stipulations and development infrastructure is secured. Key indicators: Floor Area Ratio (FAR), Floor Space Index (FSI), eave and ridge heights, and permitted land use type (pure residential zone WR, general residential zone WA, mixed-use zone MI, commercial zone GE).

Unplanned inner area (Section 34 BauGB): No zoning plan exists, but there is contiguous development. The requirement for integration applies: the type and scale of development, construction method, and lot area must fit into the character of the immediate surroundings. In practice, this often leads to disputes with the building authority over interpretation, because the definition of the “immediate surroundings” leaves room for discretion.

Outlying Area (Section 35 BauGB): General prohibition on construction. Privileged projects (agriculture, wind power, public infrastructure) are permitted under strict conditions. Other residential buildings-relevant for most private buyers-are only approvable in absolutely exceptional cases.

GRZ and GFZ: Standards for Development

Two key figures are particularly important when reading a zoning plan:

• Floor Area Ratio (GRZ): The proportion of the lot that may be built upon by main buildings and ancillary structures. GRZ 0.4 on a 600 m² lot: maximum 240 m² of buildable floor area (main building); ancillary structures may exceed the GRZ up to a maximum of 0.6.
• Floor Area Ratio (GFZ): Ratio of total floor area to lot area. GFZ 1.2 on a 600 m² lot: up to 720 m² of total floor area permitted - e.g., three full stories, each with 240 m² of floor area.

Building Regulations: Bavarian Building Code

The BayBO governs the technical requirements for construction projects in Bavaria: setbacks from neighboring properties, fire safety requirements, requirements for emergency exits, parking space requirements, and accessibility requirements. Construction projects that meet these requirements receive a building permit from the responsible building authority (in Nuremberg: the City Planning Office and the City Building Authority). Simplified procedures (exemption from approval under Art. 58 BayBO) apply to certain projects within the scope of simple zoning plans.

Setback distances: In Bavaria, the rule of thumb is: distance to the property line = 1H (= wall height), but at least 3 m. For a 7-meter-high wall, the building must therefore maintain a 7-meter setback from the property line. Neighborly agreements and buildings constructed back-to-back may justify exceptions.

Accessibility: Buildings with more than four residential units must be accessible. If a building is taller than three full stories and has more than six residential units, an elevator is required (Art. 37 BayBO). This is relevant for buyers when comparing older buildings without elevators.

Parking Space Requirement: Nuremberg regulates the parking space requirement in its own parking ordinance. For new construction and changes of use, sufficient parking spaces must be demonstrated or a fee paid-in some downtown locations, these fees amount to several thousand euros per parking space.

Grandfathering and Illegal Structures

A critical issue when purchasing older properties is grandfathering: Buildings that were approved at the time of their construction may continue to be used in their current condition-even if they would no longer be approvable under current law. However, grandfathering expires if the building is significantly altered, expanded, or stands vacant for an extended period.

Caution regarding unauthorized structures: Additions, converted attics, or garden sheds built without a building permit can still lead to demolition orders even decades after construction. We strongly recommend that buyers compare floor plans and current cubic volume with the building permit-and ask the seller about any unauthorized additions. If the building authority subsequently discovers an unauthorized structure, the new owner is liable.

Public Building Law and Property Value

Public building law plays a decisive role in determining the value of a property. A lot that, according to the zoning plan, may be developed with a multi-family residence is significantly more valuable than an identical lot in a purely residential area zoned for single-family homes. Designations as commercial or mixed-use zones, planned changes to the zoning plan, or ongoing procedures for rezoning land significantly influence value and must be taken into account during a real estate appraisal.

Several major zoning plan changes are currently underway in Nuremberg: the development of the former rail yard in the south, the area around the Kohlenhof, and the infill development zones in the north. Anyone buying near such development areas should be familiar with the city’s plans-they can permanently alter the value, noise levels, and quality of use in the surrounding area.

Practical Tip for Property Owners in Nuremberg and Franconia

Before property owners in Nuremberg undertake renovations, add stories, or build extensions, we recommend submitting a preliminary building inquiry (Bauvorbescheid) to the City Planning Office of Nuremberg. This binding information clarifies, at low cost, whether a planned project is fundamentally eligible for approval-before expensive planning services are commissioned. The preliminary building permit is binding on the authorities for three years and provides the owner with planning certainty for investment decisions.

For properties without a zoning plan in outlying areas (§ 35 BauGB), strict exceptions apply; professional advice from a construction lawyer or architect is essential here. Zoning plans and land use plan excerpts for the entire metropolitan region can be viewed free of charge via the GeoPortal Nuremberg (geoportal.nuernberg.de).

Frequently Asked Questions

What is the difference between building planning law and building code law?

Building planning law (BauGB) determines what may be built-type of use, density, location. Building code law (BayBO) regulates how construction must be carried out-safety, setbacks, fire protection, accessibility. Both areas of law must be complied with for every construction project; a project may be permissible under building planning law but impermissible under building regulations due to insufficient clearance distances.

As a property owner, can I request a change to the zoning plan?

Yes, by submitting an application to the city planning office to establish or amend a zoning plan. The process is complex (public participation, deliberation process) and can take years. There is no legal entitlement to an amendment. In practice, larger investors and project developers submit such applications; for private owners, the process is rarely worthwhile without professional assistance.

What happens if I build without a building permit?

Carrying out a construction project that requires a permit without one constitutes an administrative offense and can result in fines of up to 500,000 euros. Additionally, the Building Authority may issue a demolition order-the building must be demolished at the owner’s expense. In the worst-case scenario, the new owner may also be held liable if they purchase an unauthorized structure and the building authority takes action only after the change of ownership.

What is a preliminary building inquiry, and what does it cost?

A preliminary building inquiry (also known as a preliminary building decision) is a binding statement from the building authority regarding whether a specific construction project is generally permissible-without a full building application. The decision is binding for three years. Cost: approx. 200-800 euros, depending on the scope. We recommend submitting a preliminary inquiry for all projects where the eligibility for approval is not clearly evident from the zoning plan.

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