The German Federal Cabinet approves the reform of the Building Code.
The German government has passed an amendment to the building code. A good day for housing construction, says the ZDB (Central Association of the German Construction Industry). However, further measures are needed to make housing construction more affordable.
The Federal Building Code is being amended. The German government has passed the Act to Modernize Urban Development and Spatial Planning Law. With this, it aims to simplify zoning procedures, declare housing construction a matter of overriding public interest, and give municipalities more power to deal with derelict properties. Construction Minister Verena Hubertz (SPD) speaks of a comprehensive modernization package that addresses almost all areas of municipal planning. "From now on, housing has priority, finally enshrined in law. Anyone wanting to build should be able to track their process online, not wait in the town hall corridors. And we're bringing more green space to our cities. But we're also increasing the speed and urgency of the process."
The law contains these measures:
- Providing more living space
In areas with a tight housing market, development plans designating land for residential construction will prioritize housing construction overriding public interest. This will give housing construction legal priority. Furthermore, spatial planning law will, for the first time, include an instrument to combat the housing shortage in areas with tight housing situations: In these areas, overarching spatial planning will aim to create a balance between areas with shortages and areas with suitable land potential. - Transparency and acceleration through digitalization
To shorten planning processes and make them more transparent for citizens, municipalities will need to use digital tools in the future. The standardized "XPlanung" is intended to facilitate seamless data exchange within public administration. Public participation will also be conducted digitally and in a single stage. A status indicator will allow citizens to stay informed about the progress of the process. Combined with shorter deadlines, this will create transparency and incentivize municipalities to accelerate their planning. - Quick and easy environmental testing
To expedite environmental impact assessments, in-depth environmental assessments will only be conducted where they are truly necessary. Even if an in-depth environmental assessment is required, it should not be carried out at the zoning plan level if it can be done later during the permitting process. This will ensure a clear, practical, and legally sound environmental impact assessment. The aim is to relieve the burden on municipalities, accelerate procedures, and create planning certainty. - More greenery in the city
Municipalities should be better prepared for heavy rain or heat waves. To this end, they should be allowed to create more green spaces throughout the city. Greenery with trees and shrubs cools the air, protects against heat, and thus improves the quality of life. Additionally, more retention areas would be available to prevent flood damage. - Combating derelict properties
Derelict properties have a negative impact on the entire surrounding area and reduce the quality of life for residents. They can also lead to a decrease in the value of neighboring buildings. Therefore, municipalities will be given more options to combat this. The municipality's right of first refusal on derelict properties will be simplified. Furthermore, municipalities will be able to issue repair orders more easily in the future, meaning they can compel the owner to remedy structural defects. In cases of extreme abuse, expropriation will be possible. - Thinking ahead
New regulations for spatial planning are being adapted to the increased demands of national defense and civil protection. They require spatial planners to proactively plan for risks and crisis situations in the future – from climate change to armed conflicts. - Strengthening the emergency services family
Currently, it is difficult to expand fire and rescue service facilities in existing residential areas because the plots of land are often too small. In rural areas, such expansions are currently only permitted in exceptional cases. This is set to change. The process for municipalities to choose the optimal location for fire and rescue stations will be simplified.
“Today is a good day for housing construction,” says Felix Pakleppa, Managing Director of the Central Association of the German Construction Industry . With this reform, the federal government is finally giving housing construction the long-overdue priority it deserves over competing interests. “This is real progress. Now the Bundestag must deliver. The law must not be picked apart in committees. What we don't need are new cost burdens from excessive climate resilience requirements or urban ecosystem fees that make building in cities uneconomical again.” Today's cabinet decision is an important step.
The amendment, however, is only half the battle; construction will become easier, but not yet cheaper. Pakleppa: "Given the plummeting completion figures, an amendment alone is insufficient, as it only simplifies planning but doesn't trigger investment. Without tangible relief, the housing construction sector won't recover from the crisis." Investors need the rapid introduction of building type E as the new standard before 2027, and private builders need a reliable funding concept. "The announced extension of the EH-55 subsidy is long overdue, must offer attractive interest rates, and the special depreciation allowance must be extended to the EH-55 standard. As an industry, we need standardized statistics on construction start dates as a reliable indicator of whether the measures are actually having an effect."
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Text:
Lars Otten /
handwerksblatt.de
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