Planning Law

Planning law (also known as building planning law) governs how land may be used and developed-it is the public law governing land-use planning. It determines whether and to what extent construction is permitted on a parcel of land, what types of buildings are allowed, and what uses are permitted. Building planning law is regulated by the Building Code (BauGB) and the Building Use Ordinances (BauNVO); in addition, there are state building codes (in Bavaria: BayBO).

Land Use Plan and Zoning Plan

Planning law distinguishes between two central planning levels:

The Land Use Plan (FNP) is a municipal planning instrument that provides a general outline of the intended land use throughout the entire municipal area. It is binding on the authorities but not directly binding on citizens. Binding development plans are developed from the FNP.

The Zoning Plan (B-Plan) is legally binding: It specifically regulates, for a given area, the type of building use (e.g., General Residential Area WA, Mixed-Use Area MI, Commercial Area GE), the extent of building use (floor area ratio, floor space index, eave height, ridge height), the type of construction (open, closed, single-family or duplex), buildable plot areas (building boundaries, building lines), as well as traffic areas and, where applicable, parking requirements. Violations of the development plan are not eligible for approval-unless the municipality grants an exemption pursuant to § 31(2) BauGB, which is subject to strict conditions.

§ 34 and § 35 BauGB - Construction in Inner and Outer Areas

Not every area has a zoning plan. In areas without a zoning plan, admissibility is governed by other regulations:

• Section 34 BauGB (Inner Area): A project is admissible if, in terms of the nature and extent of the building use, construction method, and plot area, it fits into the character of the immediate surroundings. In the Nuremberg metropolitan region, many surrounding municipalities are partially unplanned-there, § 34 determines whether a project is approvable. The assessment is often complex and prone to dispute.
• § 35 BauGB (Outlying Areas): In outlying areas, only privileged projects are generally permitted-agriculture, wind energy, renewable energies. Residential development in rural areas is almost never approvable.

For buyers of land or real estate with expansion plans, the distinction between urban and rural areas is crucial. What appears to be an urban location may already be classified as a rural area under building law.

Planning Law as a Value Driver for Land

The presence or absence of building rights is the decisive value driver for land. A plot with approvable building rights for a multi-family home can be worth many times more than a plot of farmland of the same size without building rights. In the Nuremberg metropolitan region, the difference between building land and farmland is clear: Building land costs 300-1,200 euros/m² depending on the location, while farmland without building rights costs 5-15 euros/m².

The creation of building rights (e.g., through the adoption of a zoning plan) is therefore a central task of municipal planning and a sought-after tool for property owners and investors. The project-specific development plan (Section 12 of the German Building Code, BauGB) makes it possible to expedite the process in coordination with a specific investor-it obligates the investor to carry out the project within certain timeframes.

Practical Tip for Property Owners in Nuremberg and Franconia

Anyone buying or selling a property in Nuremberg or the surrounding municipalities should be familiar with the applicable zoning plan or the § 34 situation. Zoning plans can be viewed at the Nuremberg City Planning Office; for surrounding municipalities, the respective municipal administrations are responsible. Many municipalities in the Nuremberg area now make their zoning plans available online.

As part of our brokerage services, we review the planning law situation and explain to both buyers and sellers which uses are realistic for a property and what development potential exists or is foreseeable. A property with pending building rights can be an attractive investment-provided one realistically assesses the likelihood of implementation.

Frequently Asked Questions

How do I find out which zoning plan applies to my property?

In Nuremberg, zoning plans can be viewed at the City Planning Office or online via the city portal (stadtplan.nuernberg.de). For surrounding municipalities, local government offices and regional geoinformation portals (BayernAtlas) are available. BayernAtlas shows on a map which areas in Bavaria are subject to zoning plans. Our office reviews the planning law situation upon request and can interpret plans for you.

Can I apply for the creation of building rights myself?

As a private individual, you can submit an application for the establishment or amendment of a zoning plan. However, the decision rests with the municipality, which has considerable discretion in planning matters-it is not obligated to grant the request. Alternatively, there is the project-specific zoning plan (§ 12 BauGB), which is tailored to a specific project in consultation with the investor. This approach is faster because the investor bears the procedural costs and the municipality receives a guarantee of implementation.

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

Building planning law (BauGB, BauNVO) governs the question of whether and what may be built-building type, use, dimensions. Building regulations (in Bavaria: BayBO) govern the “how”-setback distances, safety requirements, fire protection, parking space requirements, and other technical requirements. Both areas of law must be complied with to obtain a building permit. A project may be permissible under planning law but not eligible for approval under building regulations-for example, if the required setback distances are not maintained.

What is a preliminary building decision and what is its purpose?

A preliminary building permit (also: preliminary inquiry) is an administrative act that clarifies certain questions regarding the approvability of a project in advance, before a complete building application is submitted. It costs less than a full building permit (approx. 200-500 euros), takes 6-10 weeks, and is binding on the authorities for three years. Anyone who wants to buy a plot of land and build on it later can significantly reduce the risk of a project not being approved by obtaining a preliminary building permit.

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