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Regulation on the constructional use of land

Original Language Title: Verordnung über die bauliche Nutzung der Grundstücke

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Regulation on the constructional use of the land (Baunutzungsverordnung-BauNVO)

Unofficial table of contents

BauNVO

Date of completion: 26.06.1962

Full quote:

" Baunutzungsverordnung in the version of the notice of 23 January 1990 (BGBl. 132), the most recent of which is Article 2 of the Law of 11 June 2013 (BGBl. 1548).

Status: New by Bek. v. 23.1.1990 I 132;
Last amended by Art. 2 G v. 11.6.2013 I 1548

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.10.1977 + + +)
(+ + + Changes due to EinigVtr cf. § 26a + + +) Unofficial table of contents

Content Summary

First section
Type of constructional use
General rules applicable to construction sites and construction sites § 1
Small settlement areas § 2
Pure residential areas § 3
General residential areas § 4
Areas for the conservation and development of residential use (special residential areas) Section 4a
Village areas § 5
Mixed Areas § 6
Core areas § 7
Industrial areas § 8
Industrial areas § 9
Special areas that serve the recovery § 10
Other Special Areas § 11
Pitches and garages § 12
Buildings and spaces for liberal professions § 13
Facilities for the use of solar radiation energy and combined heat and power plants § 14
General requirements for the admissibility of constructional and other installations § 15
Second section
Dimensions of building use
Determination of the measure of the building use § 16
Upper limits for the determination of the measure of the building use § 17
Height of construction equipment § 18
Base area number, allowable base area § 19
Full floors, floor area number of floor area § 20
Construction mass number, building mass Section 21
Pitches, garages and community facilities Section 21a
Third Section
Construction, superstructure surface area
Construction Section 22
Superstructure Surface Area Section 23
Fourth Section
(dropped) § 24
Fifth Section
Transfer and final provisions
Propagation of initiated procedures Section 25
Transfer provisions from the adoption of the second amending Regulation Section 25a
Transfer rule from the adoption of the third amending regulation § 25b
Transfer rule from the adoption of the fourth amending regulation Section 25c
Transfer rule on the occasion of the law on strengthening the internal development in the cities and municipalities and further development of the urban development law Section 25d
Berlin clause Section 26
Transfer arrangements resulting from the establishment of Germany's unity Section 26a
entry into force § 27

First section
Type of constructional use

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§ 1 General provisions for construction sites and construction sites

(1) In the land use plan, the land intended for construction may be presented in accordance with the general nature of its building use (Bauflächen) as

1. Residential areas (W)
2. mixed Bauflächen (M)
3. Commercial Bauflächen (G)
4. Special area (S).
(2) The areas provided for the construction of the building can be represented by the special nature of their building use (construction areas) as

1. Small settlement areas (WS)
2. pure residential areas (WR)
3. general residential areas (WA)
4. special residential areas (WB)
5. Village areas (MD)
6. Mixed Areas (MI)
7. Core areas (MK)
8. Industrial areas (GE)
9. Industrial areas (GI)
10. Special Areas (SO).
(3) The construction areas referred to in paragraph 2 may be fixed in the development plan. The provisions of § § 2 to 14 shall form part of the development plan, unless otherwise specified on the basis of paragraphs 4 to 10 of this Regulation. In the case of setting special areas, the provisions relating to special provisions in accordance with paragraphs 4 to 10 shall not apply; special provisions concerning the type of use may be made in accordance with § § 10 and 11. (4) For the purposes of § § 4 bis 9 designated construction areas can be made in the development plan for the respective construction site, which is the site of the construction site
1.
according to the type of use allowed,
2.
according to the type of plants and plants and their special needs and properties
. The provisions of the first sentence may also be applied to several commercial areas of a municipality in relation to each other; this also applies to industrial areas. Paragraph 5 shall remain unaffected. (5) In the development plan it may be established that certain types of uses, which are generally admissible pursuant to Sections 2 to 9 and 13, are not admissible or may be admitted only exceptionally, provided that the general conditions of use are not permitted. (6) In the development plan, it may be stipulated that all or individual exceptions provided for in the construction areas in accordance with § § 2 to 9 shall be determined.
1.
not become part of the development plan, or
2.
in the construction area in general, provided that the general purpose of the construction area is maintained.
(7) In construction plans for construction sites according to § § 4 to 9, if special urban planning reasons justify this (Section 9 (3) of the Civil Code), it is possible to establish that in certain floors, levels or other parts of construction plants
1.
only one or more of the uses generally permitted in the construction area are permitted,
2.
one or more of the generally accepted uses in the construction area are not permitted or may be admitted as an exception, or
3.
All or some of the exceptions provided for in the construction areas in accordance with § § 4 to 9 are not permitted or, if the general purpose of the construction area is maintained, are generally permissible.
(8) The compositions referred to in paragraphs 4 to 7 may also be limited to parts of the construction area. (9) In the case of specific urban reasons justifying this, the development plan may be set at the application of paragraphs 5 to 8, that only Certain types of construction or other installations permitted in general or by way of exception in the construction areas are permitted or not permitted or can only be permitted in exceptional cases. (10) If a construction area is fixed in accordance with § § 2 bis 9 existing construction and other installations in predominantly built-up areas may be fixed in the development plan, that extensions, changes, changes in use and renewal of these installations may be permitted in general or may exceptionally be authorised. Detailed rules on admissibility may be laid down in the construction plan. The general purpose of the construction area must be maintained in its other parts. The rates 1 to 3 shall also apply to the modification and addition of land-use plans. Unofficial table of contents

§ 2 Small settlement areas

(1) Small settlement areas are mainly used for housing small settlements, including residential buildings with corresponding farm gardens and agricultural secondary employment sites. (2) Permitted are
1.
Small settlements, including residential buildings with appropriate farm gardens, agricultural secondary and horticultural holdings,
2.
the shops serving the area, the food and food business, as well as the non-disruptive craft industries.
(3) For example, authorisation may be granted
1.
other residential buildings with no more than two apartments,
2.
Installations for ecclesiastic, cultural, social, health and sporting purposes,
3.
gas stations,
4.
Non-disruptive commercial enterprises.
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§ 3 Reine residential areas

(1) Reine residential areas are used for housing. (2) Permitted
1.
Residential building,
2.
Childcare facilities serving the needs of the inhabitants of the area.
(3) For example, authorisation may be granted
1.
Shops and craft businesses which do not disturb the daily needs of the inhabitants of the area, as well as small businesses in the tourist accommodation sector,
2.
other facilities intended for social purposes and for the needs of the inhabitants of the area, for ecclesiastic, cultural, health and sporting purposes.
(4) The residential buildings permitted under paragraph 2 as well as § § 2, 4 to 7 shall also include those which are used in whole or in part for the care and care of their inhabitants. Unofficial table of contents

§ 4 General residential areas

(1) General residential areas are mainly used for housing. (2) Permitted
1.
Residential building,
2.
the shops serving the area, the food and food business, and the non-disruptive craft industries,
3.
Facilities for ecclesiastic, cultural, social, health and sports purposes.
(3) For example, authorisation may be granted
1.
Establishments of the tourist accommodation sector,
2.
other non-disruptive industries,
3.
Installations for administrations,
4.
horticulture,
5.
Gas stations.
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§ 4a Areas for the conservation and development of residential use (special residential areas)

(1) Special residential areas are predominantly built-up areas which, on the basis of the use of housing and other existing installations referred to in paragraph 2, have a special characteristic and in which, taking into account this type of property, residential use is to be maintained and developed. Special residential areas are mainly used for housing; they are also used for the accommodation of commercial establishments and other installations within the meaning of paragraphs 2 and 3, insofar as these establishments and installations are based on the special nature of the area with the use of housing. (2) are admissible. (2)
1.
Residential building,
2.
Shops, establishments in the accommodation sector, storage and dining areas,
3.
other commercial enterprises,
4.
Business and office buildings,
5.
Facilities for ecclesiastic, cultural, social, health and sports purposes.
(3) For example, authorisation may be granted
1.
Facilities for central administration facilities,
2.
amusement sites where they are not generally permitted in nuclear areas only because of their intended purpose or extent,
3.
Gas stations.
(4) In the case of special residential areas or parts of such areas, where specific urban development reasons justify this (Section 9 (3) of the Civil Code), it may be established that:
1.
above a floor determined in the development plan, only apartments are allowed or
2.
in buildings, a proportion of the permissible floor area or a certain size of the floor area for flats must be used in the construction plan.
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§ 5 Village areas

(1) Village areas are used for the accommodation of agricultural and forestry holdings, housing and accommodation of commercial enterprises which are not significantly disruptive, as well as the provision of supplies to the inhabitants of the area. Craft enterprises. Priority should be given to the needs of agricultural and forestry holdings, including their development opportunities. (2)
1.
Economic centres for agricultural and forestry holdings and the associated flats and residential buildings,
2.
Small settlements, including residential buildings with appropriate farm gardens and agricultural secondary employment services,
3.
other residential buildings,
4.
Holdings for the processing and processing of agricultural and forestry products,
5.
retail establishments, supply and catering establishments and establishments of the accommodation sector,
6.
other commercial enterprises,
7.
Installations for local administrations and for ecclesiastic, cultural, social, health and sporting purposes,
8.
horticulture,
9.
Gas stations.
(3) For example, amusement sites within the meaning of Section 4a (3) No. 2 may be admitted. Unofficial table of contents

§ 6 Mixed territories

(1) Mixed areas are used for housing and accommodation of commercial enterprises which do not substantially disturb the housing. (2)
1.
Residential building,
2.
Business and office buildings,
3.
retail establishments, supply and catering establishments and establishments of the accommodation sector,
4.
other commercial enterprises,
5.
Installations for administrations and for ecclesiastic, cultural, social, health and sporting purposes,
6.
horticulture,
7.
gas stations,
8.
Amusement sites within the meaning of Section 4a (3) (2) in the parts of the area, which are mainly characterised by industrial uses.
(3) For example, amusement sites within the meaning of Article 4a (3) (2) may be admitted outside the parts of the area referred to in paragraph 2 (8). Unofficial table of contents

§ 7 Core Areas

(1) Core areas are mainly used for the accommodation of commercial enterprises and of the central institutions of the economy, administration and culture. (2)
1.
Business, office and administration buildings,
2.
retail establishments, food and catering establishments, establishments in the tourist accommodation and amusement parks,
3.
other not significantly disruptive industries,
4.
Installations for ecclesiastic, cultural, social, health and sporting purposes,
5.
Petrol stations in connection with multi-storey car parks and large garages,
6.
Housing for supervisory and preparedness persons, as well as for farmers and business managers,
7.
other dwellings in accordance with the provisions of the plan of construction.
(3) For example, authorisation may be granted
1.
petrol stations other than those referred to in paragraph 2 (5);
2.
Flats which do not fall under the provisions of paragraph 2 (6) and (7).
(4) For parts of a core area, where specific urban development reasons justify this (Section 9 (3) of the Civil Code), it may be determined that:
1.
above a floor determined in the development plan, only apartments are allowed or
2.
in buildings, a proportion of the permissible floor area or a certain size of the floor area for flats must be used in the construction plan.
This is also the case if, as a result of such fixtures, this part of the core area is not primarily used for the accommodation of commercial enterprises and of the central institutions of the economy, administration and culture. Unofficial table of contents

§ 8 Commercial Territories

(1) Commercial areas are mainly used for the accommodation of non-significantly harassing commercial enterprises. (2) Permitted
1.
commercial establishments of all kinds, warehouses, storage sites and public establishments,
2.
Business, office and administration buildings,
3.
gas stations,
4.
Facilities for sporting purposes.
(3) For example, authorisation may be granted
1.
Housing for supervisory and preparedness persons, as well as for farmers and managers who are assigned to the commercial enterprise and are subordinate to it in the base area and the building mass,
2.
Installations for ecclesiastic, cultural, social and health purposes,
3.
Amusement sites.
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§ 9 Industrial areas

(1) Industrial areas are used exclusively for the accommodation of commercial enterprises, mainly those which are not permitted in other construction areas. (2) Permitted
1.
commercial establishments of all kinds, warehouses, storage sites and public establishments,
2.
Gas stations.
(3) For example, authorisation may be granted
1.
Housing for supervisory and preparedness persons, as well as for farmers and managers who are assigned to the commercial enterprise and are subordinate to it in the base area and the building mass,
2.
Facilities for ecclesiastic, cultural, social, health and sports purposes.
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§ 10 Special Areas, which serve the recovery

(1) Special areas serving the recovery shall be considered in particular:
Weekend home areas,
Holiday areas,
Campsites. (2) For special areas that are used for recreation, the purpose and type of use are to be presented and fixed. The construction plan may lay down that certain installations and installations which correspond to the specific nature of the area are generally accepted or may be admitted for the purpose of supplying the area and for sporting purposes. (3) In Weekend house areas are allowed for weekend houses as single houses. In the construction plan, it is possible to establish that weekend houses can only be used as house groups or, exceptionally, can be approved as house groups. The allowed base area of the weekend houses is to be fixed in the development plan, limited according to the special nature of the area, taking into account the landscape. (4) Holiday houses are allowed in holiday homes, the due to their location, size, equipment, development and supply for the recreation stay, are suitable and intended to serve mainly and in the long term to a changing group of people for recreation. In the construction plan, the base area of the holiday homes, limited according to the specific nature of the area, can be fixed taking into account the landscape. (5) Campsites and campsites are permitted in camping areas. Unofficial table of contents

Section 11 Other Special Areas

(1) As other special areas, such areas shall be presented and fixed, which differ materially from the construction areas in accordance with § § 2 to 10. (2) For other special areas, the purpose and the type of use shall be presented and to be fixed. Other special areas, particularly those for tourism, such as resorts and tourist accommodation, are considered to be eligible for tourism,
Shop areas,
Areas for shopping malls and large-scale commercial enterprises,
Areas for trade fairs, exhibitions and congresses,
Higher education areas,
clinical areas,
port areas,
Areas for plants that are used for the exploration, development or use of renewable energies, such as wind and solar energy.
(3)
1.
shopping malls,
2.
large-scale retail establishments which, according to their nature, location or scope, may not only have an insignificant effect on the achievement of the objectives of spatial planning and regional planning or on the development and order of urban development;
3.
other large-scale commercial establishments which are comparable in terms of sales to last consumer and to the effects of the retail establishments referred to in paragraph 2 above,
except in nuclear areas, shall be permitted only in special areas fixed for them. Effects within the meaning of sentence 1, no. 2 and 3, are, in particular, harmful environmental effects within the meaning of § 3 of the Federal Immission Control Act, as well as effects on the infrastructure equipment, on the transport, on the supply of the Population in the catchment area of the enterprises designated in the first sentence, on the development of central areas of supply in the municipality or in other municipalities, on the image of the locality and the landscape and on the natural household. The effects referred to in the second sentence of the second sentence shall normally be assumed in the case of holdings as set out in the first sentence of 1 Nos. 2 and 3, if the floor area exceeds 1,200 square metres. The rule set out in sentence 3 shall not apply where there is evidence that effects are already present in less than 1,200 square metres of floor space or where there is no floor space of more than 1,200 square metres, with reference to the case referred to in the second sentence. The impact, in particular, of the structure and size of the municipality and its districts, the safeguarding of the supply of consumer-related services to the population and the supply of goods on the holding. Unofficial table of contents

§ 12 Parking spaces and garages

(1) Pitches and garages are permitted in all construction areas, unless otherwise indicated in paragraphs 2 to 6. (2) In small settlement areas, pure residential areas and general residential areas, as well as special areas that serve the rest, are Parking spaces and garages are permitted only for the requirements caused by the authorised use. (3)
1.
Parking spaces and garages for lorries and buses and coaches, and for trailers of these motor vehicles in residential areas,
2.
Parking spaces and garages for motor vehicles with a net weight of over 3.5 tonnes and for trailers of these motor vehicles in small housing areas and in general residential areas.
(4) In the development plan, if special urban planning reasons justify this (Section 9 (3) of the Civil Code), it is possible to stipulate that in certain floors only parking spaces or garages and associated secondary facilities (garage floors) are permitted . A fixing in accordance with the first sentence can also be made for projectiles below the ground surface. In the case of detentions according to sentences 1 and 2, parking spaces and garages on the property are only allowed in the fixed floors, unless the building plan determines otherwise. (5) In the development plan, if special urban planning reasons, this can be (Section 9 (3) of the Civil Code), it is necessary to establish that only pitches and garages are permitted in parts of bullets. The provisions of the second sentence of paragraph 4 shall apply. (6) The development plan may stipulate that sites and garages are not permitted in construction or in certain parts of construction sites, or are only allowed to a limited extent, to the extent that the national law (7) The national provisions on the separation of the obligation to manufacture pitches and garages, as well as the obligation to manufacture pitches and garages outside of the land-use plan shall remain in the case of fixed discontinuations referred to in paragraphs 4 to 6 unaffected. Unofficial table of contents

§ 13 Buildings and spaces for liberal professions

In the construction areas according to § § 2 to 4 rooms, in the construction areas according to § § 4a to 9, buildings are also admissible for the professional practice of freelancers and those who practise their profession in a similar way. Unofficial table of contents

§ 14 Side-systems; installations for the use of solar radiation energy and combined heat and power plants

(1) In addition to the installations referred to in § § 2 to 13, sub-installations and facilities which serve the purpose of use of the land or the site itself, and which do not have its own character, are also permitted. contradict. To the extent that facilities and installations for animal husbandry, including small-scale livestock breeding, are not already permitted in the construction areas referred to in this Regulation, the subsidiary facilities and facilities referred to in the first sentence of this Regulation shall be included in the Annex also those for small animal husbandry. In the construction plan, the admissibility of the auxiliary facilities and facilities can be restricted or excluded. (2) The supply of electricity, gas, heat and water as well as the secondary plants serving for the discharge of wastewater may be admitted as an exception in the construction areas, even where no special areas are fixed in the construction plan. This shall also apply to auxiliary telecommunications equipment and to installations for renewable energies, unless the first sentence of paragraph 1 applies. (3) As far as structurally subordinate plants are used for the use of solar radiation energy in, on or on the roof and External wall surfaces or combined heat and power plants within buildings shall not already be permitted in accordance with § § 2 to 13, they shall also be considered as installations within the meaning of the first sentence of paragraph 1, if the energy produced is wholly or predominantly in the public network. Unofficial table of contents

§ 15 General requirements for the admissibility of constructional and other installations

(1) The constructional and other installations listed in § § 2 to 14 shall be inadmissible on a case-by-case basis if they are contrary to the number, position, scope or purpose of the property of the construction site. They shall also be inadmissible if they may be subject to harassment or disturbance which, according to the nature of the site, is unreasonable in the construction area itself or in the vicinity thereof, or if it is exposed to such harassment or disturbance (2) The application of paragraph 1 shall be carried out in accordance with the urban planning objectives and principles of § 1 (5) of the Construction Code. (3) The admissibility of the installations in the construction areas is not solely according to the procedural regulations of the Federal Immission Protection Act and the regulations adopted on its basis .

Second section
Dimensions of building use

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§ 16 Determination of the measure of the building use

(1) If the general measure of the structural use is presented in the land use plan, it is sufficient to specify the number of floors, the number of buildings, or the amount of construction equipment. (2) In the development plan, the measure of the building use can be determined. by setting
1.
the number of ground areas or the size of the land of the buildings,
2.
the number of floors or the size of the floor area, the mass of the building mass or the mass of the building,
3.
the number of full floors,
4.
of the height of construction plants.
(3) When the measure of the structural use is fixed in the development plan, it shall be determined.
1.
always the number of areas of land or the size of the land of the building's construction,
2.
the number of full storeys or the height of construction installations, if public concerns, in particular the image of the place and the landscape, can be adversely affected without their setting.
(4) At the same time, at the same time, a minimum level may be set for the size of the floor area or the size of the floor area, for the number of full floors and for the level of construction of buildings in the development plan, if the maximum size is fixed. The number of full floors and the height of construction equipment can also be fixed. (5) In the development plan, the measure of the structural use for parts of the construction area, for individual land or parts of the plot and for parts of the building, can be determined. (6) In the development plan, certain exceptions may be made to the extent to which the building is used, depending on the type and extent of the land. shall be provided. Unofficial table of contents

§ 17 Upper limits for the determination of the measure of the building use

(1) In determining the measure of the constructional use according to § 16, even if a floor area number or a number of buildings is not shown or fixed, the following upper limits shall not be exceeded:

1 2 3 4
Construction Base Area Count
(GRZ)
Screed surface count
(GFZ)
Number of construction
(BMZ)
to Small settlement areas (WS) 0.2 0.4 -
to pure residential areas (WR)
Allgem. Residential areas (WA)
Holiday areas
0.4 1.2 -
to special residential areas (WB) 0.6 1.6 -
to Village Areas (MD)
Merge Areas (MI)
0.6 1.2 -
to Core areas (MK) 1.0 3.0 -
to Industrial Areas (GE)
Industrial Areas (GI)
other special areas
0.8 2.4 10.0
to Weekend House Areas 0.2 0.2 -
(2) The limits set out in paragraph 1 may be exceeded for reasons of urban development if the excess is offset by circumstances or is compensated by measures to ensure that the general requirements are met: healthy living and working conditions are not affected and adverse effects on the environment are avoided. This does not apply to weekend house and holiday home areas. (3) (omitted) Unofficial table of contents

§ 18 Height of construction plants

(1) The necessary reference points shall be determined in the case of the establishment of the amount of structural installations. (2) If the amount of construction equipment is fixed as compulsory (Section 16 (4) sentence 2), minor deviations may be permitted. Unofficial table of contents

§ 19 Floor area number, permissible base area

(1) The number of land areas shall indicate the size of the square meters of floor area per square metre of land area within the meaning of paragraph 3. (2) The authorized base area shall be the proportion of the building land calculated in accordance with paragraph 1, of the building site (3) The area of the site of the building land, which is located in the building land and behind the road boundary line fixed in the development plan, shall be determined for the purpose of determining the permissible base area. Where a road limitation line is not fixed, the area of the building land which is situated behind the actual road limit or which is fixed in the development plan as the authoritative for the determination of the permissible base area shall be the area of the land. (4) In the determination of the base area, the base areas of
1.
Garages and pitches with their access roads,
2.
secondary installations within the meaning of § 14,
3.
structural installations below the ground surface, which merely undertakes the building plot to be built under construction,
to be counted. The base area of the equipment referred to in the first sentence of the first sentence may be up to 50 per cent, but not more than a base area of 0.8; further exceedances to a minor extent may be exceeded be approved. In the construction plan, provisions differing from the second sentence may be taken. In so far as the development plan does not specify otherwise, it is possible in individual cases to comply with the limits resulting from the sentence 2.
1.
in the case of exceedances with minor effects on the natural functions of the soil, or
2.
if the observance of the limits would lead to a substantial increase in the use of the land concerned.
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§ 20 full floors, floor area number, floor area

(2) The number of floors shall indicate the number of square metres of floor space per square metre of the land area in the sense of the § 19 (3) are admissible. (3) The floor area shall be determined according to the external dimensions of the buildings in all full floors. The construction plan may specify that the areas of accommodation in other floors, including the staircases belonging to them, and including their peripheral walls, may be wholly or partially included or not, exceptionally, (4) In the determination of the floor area, ancessional facilities within the meaning of § 14, balconies, loggias, terraces as well as constructional facilities shall remain as far as they are in accordance with the law of the country in the distance areas (lateral distance between the two sides and other areas). distance areas) are permitted or can be allowed, discounted. Unofficial table of contents

§ 21 Construction mass number, building mass

(1) The number of buildings shall indicate the amount of cubic metres of construction mass per square metre of land area within the meaning of section 19 (3). (2) The building mass shall be from the floor of the lowest full-storey floor to the ceiling of the uppermost floor after the exterior dimensions of the buildings. To determine full floors. The building masses of lounges in other floors, including the staircase rooms belonging to them, and including their enclosure walls and ceilings, shall be included. In the case of structural installations in which a calculation of the building mass in accordance with the first sentence is not possible, the actual building mass must be determined. (3) Construction plants and parts of buildings within the meaning of § 20 (4) shall remain in the determination of the building mass (4) In the development plan, the height of buildings or the number of buildings shall not be fixed, in the case of buildings having a height of more than 3,50 m, a number of construction mass which shall be three-and-a-half times the number of storeys permitted is not exceeded. Unofficial table of contents

Section 21a Pitches, garages and community facilities

(1) In other buildings used otherwise, garage floors or their building mass shall not be counted on the number of permissible full floors or on the permissible construction mass, if the building plan sets this out or provides for the exception. (2) The Land area within the meaning of section 19 (3) shall be added to the shares of Community installations fixed outside the building land within the meaning of section 9 (1) (22) of the building code, if the development plan is to do so or as an exception to the land area (3) In so far as § 19 (4) does not preclude, a breach of the permissible Floor area allowed by covered parking spaces and garages up to 0.1 of the area of the building site; further exceeding can be permitted by way of exception
1.
in core areas, industrial areas and industrial areas,
2.
in other construction areas, in so far as such installations are fixed in accordance with Section 9 (1) (4) of the Federal Building Code in the development plan.
(4) In the determination of the projectile surface or the building mass, the surfaces or building masses of the building mass shall not be taken into account by
1.
garage floors not counted in accordance with paragraph 1;
2.
pitches and garages whose base areas exceed the permitted base area under the conditions set out in paragraph 3;
3.
Parking spaces and garages in full floors, if the development plan sets this out or provides for an exception.
(5) The permissible floor area or the permissible building mass is to be increased by the areas or building masses of necessary garages produced under the surface of the terrain, to the extent that the construction plan sets this out or provides for the exception.

Third Section
Construction, superstructure surface area

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§ 22 Construction

(1) In the development plan, the construction can be set as an open or closed construction. (2) In the open construction, the buildings are constructed with a lateral boundary distance as single houses, double houses or house groups. The length of the house forms referred to in the first sentence shall not exceed 50 m. In the construction plan areas can be set on which only single houses, only double houses, only house groups or only two of these house forms are allowed. (3) In the enclosed construction the buildings are constructed without lateral boundary distance, unless the existing building requires a derogation. (4) In the development plan, a method of construction which differs from paragraph 1 may be fixed. It is also possible to establish the extent to which the front, rear and lateral parts of the land may or must be built up. Unofficial table of contents

Section 23 Surface-mountable Surface Area

(1) The overbuilding land areas can be determined by the establishment of construction lines, building limits or building depths. § 16 (5) must be applied accordingly. (2) If a construction line is set, then it must be built on this line. It is possible to allow the resignation or resignation of parts of buildings to a small extent. In the construction plan, additional exceptions can be made according to the type and scope of the building. (3) If a building limit is fixed, buildings and parts of buildings must not exceed them. The presence of parts of buildings to a small extent can be permitted. The third sentence of paragraph 2 shall apply. (4) If a depth of building is fixed, paragraph 3 shall apply accordingly. The building depth shall be determined from the actual road boundary, unless otherwise specified in the development plan. (5) If nothing else is fixed in the development plan, the non-superstructible land areas can be used for ancessionary facilities. be approved within the meaning of § 14. The same shall apply to construction plants, insofar as they are permissible or can be permitted under national law in the distance areas.

Fourth Section

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§ 24

(dropped)

Fifth Section
Transfer and final provisions

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Section 25 Continuation of initiated proceedings *)

In the case of construction management plans which have already been drawn up or amended, the existing provisions corresponding to this Regulation shall continue to be applied if the plans are already laid down at the date of entry into force of this Regulation. Unofficial table of contents

Section 25a Provisions of leeway from the adoption of the second amending regulation

(1) This Regulation shall apply in respect of building control plans, the establishment or modification of which have already been initiated, until the entry into force of the Second Regulation amending this Regulation of 15 September 1977 (BGBl I). I p. 1757), if the plans are interpreted in accordance with the entry into force of the second amending regulation pursuant to Section 2a (6) of the Federal Building Act or Section 2 (6) of the Federal Building Act in the version valid up to 1 January 1977. (2) The provisions of the second amending Regulation concerning separate fixtures for superposed projectiles and plains as well as other parts of structural installations are excluded from the provisions of Section 9 (3) of the Federal Construction Act in the 1 January 1977 as amended in accordance with Article 3 (1) (3) of the Law on Amendment of the Federal Building Act of 18 August 1976 (BGBl. 2221) is not applicable. The provisions of this Regulation shall apply to these development plans by way of separate provisions for superposed projectiles and plains and other parts of construction installations in the period up to the date of entry into force of the second amending Regulation. Continue to apply. Unofficial table of contents

Section 25b Regulation on the lefthand of the third amending regulation

(1) If the draft development plan has been publicly interpreted before the entry into force of the third amending regulation pursuant to Section 2a (6) of the Federal Building Act, it shall be subject to the provisions of Section 11 (3) sentence 3 in the pending entry into force of the third amending Regulation shall apply. The right of the congregation to re-open the procedure for the preparation of the development plan remains unaffected. (2) On development plans, to which § 11 para. 3 is applied in the version of the notice of 15 September 1977, § 11 para. 3 sentence 4 shall apply accordingly. Unofficial table of contents

Section 25c Regulation on transfer from the adoption of the fourth amending regulation

If the draft building plan has been made public before 27 January 1990 in accordance with Article 3 (2) of the Civil Code, this Regulation shall apply to it in the version valid until 26 January 1990. The right of the municipality to reopen the procedure for drawing up the construction plan remains unaffected. Unofficial table of contents

§ 25d The transfer rule on the occasion of the law to strengthen the internal development in the cities and municipalities and further development of the urban development law

If the draft building plan has been made public before 20 September 2013 in accordance with Section 3 (2) of the Civil Code, this Regulation shall apply to it in the version valid until 20 September 2013. The right of the municipality to reopen the procedure for drawing up the construction plan remains unaffected. Unofficial table of contents

Section 26 Berlin-clause

This Regulation shall also apply in the Land of Berlin in accordance with Section 14 of the Third Transfer Act in conjunction with Section 247 of the Construction Code. Unofficial table of contents

Section 26a of the transfer regulations for the purpose of establishing the unity of Germany

Where reference is made in this Regulation to provisions which do not apply in the area referred to in Article 3 of the Agreement, the relevant provisions of the German Democratic Republic shall apply. If such rules do not exist or if their application would be contrary to the meaning of the referral, the rules referred to shall apply accordingly. Unofficial table of contents

§ 27

(Entry into force)