Regulation On The Structural Use Of Land

Original Language Title: Verordnung über die bauliche Nutzung der Grundstücke

Read the untranslated law here: http://www.gesetze-im-internet.de/baunvo/BJNR004290962.html

Regulation on the structural use of land (Building Ordinance - Ordinance) Ordinance Ausfertigung date: 26.06.1962 full quotation: "Building Ordinance as amended by the notice of 23 January 1990 (BGBl. I p. 132), most recently by article 2 of the law of 11 June 2013 (BGBl. I S. 1548) is changed" stand: Neugefasst by BEK. v. 23.1.1990 I 132;
 
As last amended by article 2 G v. 11.6.2013 I in 1548 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.10.1977 +++) (+++ changes due to EinigVtr cf. Article 26a +++) table of contents first section type of structural use of general regulations for land and building areas section 1 § 2 small settlements pure residential areas § 3 General residential section 4 areas to the conservation and development of residential use (special residential areas) § 4a § 5 village areas mixed-use areas § 6 core areas § 7 commercial areas § 8 industrial areas § 9 special areas , the rest serve other territories § 11 section 10 parking spaces and garages § 12 buildings and premises for professions § 13 auxiliary equipment; Equipment for the use of solar radiation energy and power heat cogeneration plants § 14 General conditions for the admissibility of structural and other installations article 15 second section degree of structural use determination of the dimension of the structural use of section 16 upper limits for the determination of the dimension of the structural use of section 17 height of physical structures § 18 floorspace index, allowable footprint article 19 storeys, floor area number floor area section 20 building mass, dimensions section 21 plots, garages and community facilities § 21a third section construction , permissible plot construction section 22 permissible plot section 23 fourth section (dropped out) § 24 fifth section Überleitungs-and final provisions continued forwarded a procedure § 25 excess management rules on the occasion of the second amending Regulation § 25a transition provision on the occasion of the third amending Regulation § 25 b reconciliation requirement on the occasion of the fourth amending Regulation § 25 c transition rules on the occasion of the law to strengthen the internal development in the cities and towns and further development of the urban planning law § 25 d Berlin clause section 26 transition arrangements on the occasion of the unification of Germany Article 26a entry into force § 27 of first section type of structural use § 1 General regulations for land and building areas (1) In the land-use plan can the land earmarked for the development according to the general structural use (space) type 3 commercial construction areas (G) are shown as 1 residential areas (W) 2 mixed building areas (M) 4 special space (S).
(2) who can provided land for construction according to the particular type of its structural use (land) 3 General residential areas (WA) are shown as 1 small settlement sites (WS) 2. pure residential areas (WR) 4 special residential (WB) 5 village area (MD) 6 mixing areas (Wed) 7 core areas (MK) 8 commercial areas (GE) 9 industry areas (GI) 10 Territories (SO).
(3) in the development plan, the land referred to in paragraph 2 can be set. By setting the provisions of sections 2 to 14 are part of the development plan, as far as not on the basis of paragraphs 4 to 10, something else is determined. In establishment of special areas the provisions concerning specific determinations, paragraphs 4 to 10 after shall not apply; Special determinations about the type of use can be taken after the pursuant to sections 10 and 11.
(4) for the land referred to in sections 4 to 9, determinations can be made in the development plan for the respective construction area, breaking the building area 1 according to the type of permissible use, 2. According to the type of plant and equipment and their special needs and properties. The determinations can be made pursuant to sentence 1 also for several industrial estates, a municipality in relation to each other; the same applies to industrial areas. Paragraph 5 shall remain unaffected.
(5) in the development plan, it can be set that certain types of uses, which are permissible under paragraphs 2 to 9 and 13 generally are not allowed or only in exceptional circumstances may be admitted, provided that the General purpose of the building area is maintained.
(6) in the zoning, you can set that all or individual exceptions that are provided in the areas of construction according to the paragraphs 2 to 9, 1 are not part of the development plan, or 2 in the construction area are generally allowed, provided that the General purpose of the building area is maintained.
(7) building plans for construction sites after the sections 4 to 9 may, if particular urbanistic reasons justify this (§ 9 para 3 of the Federal building code), fixed in be, that at certain levels, levels or other parts of physical structures 1 only single or multiple of generally allowed in the construction field uses are allowed, 2 single or multiple of generally allowed in the construction field uses are not allowed or may be admitted as an exception or 3rd all or individual exceptions , in the areas of construction according to the § § 4 until 9 not allowed are provided, or, if the General purpose of the building area is maintained, generally are allowed.
(8) the determinations cannot limit themselves to paragraphs 4 to 7 on parts of the construction area.
(9) if justified by particular urbanistic reasons, paragraphs 5 to 8 can be set in the zoning application, that only certain types of General or in exceptional cases allowed in the construction areas structural or other equipment are allowed or not allowed or can be allowed only in exceptional circumstances.
(10) would be in fixing a construction area according to the paragraphs 2 to 9 in predominantly urban areas certain existing structural and other plants can be set in the zoning inadmissible that extensions, changes, changes in use and renewals of these plants are generally allowed or may be admitted as an exception. More detailed provisions on the admissibility may be taken in the development plan. The General purpose of the building area must be maintained in its other parts. Sentences 1 to 3 shall apply also for the amendment and supplementation of zoning.

§ 2 small settlements (1) small settlements serve mainly the placement of small settlements including housing with appropriate utility gardens and agricultural sideline points.
(2) allowed 1 small settlements including residential buildings with appropriate commercial gardens, agricultural sideline and horticulture, 2. are the purpose of supply of the area stores dispensing - fact, and not disturbing craft.
(3) as an exception may be admitted 1 other residential buildings with no more than two apartments, 2 plants for religious, cultural, social, health, and not disturbing sporting purposes, 3 gas stations, 4. commercial companies.

§ 3 pure residential areas (1) pure residential areas serve the residential.
(2) 2. equipment for childcare, which serve the needs of the residents of the area are allowed, 1 residential building.
(3) as an exception may be admitted 1 shops and not disturbing craft, which is intended to cover the daily needs for the residents of the area, as well as small holdings of the lodging industry, systems serving 2. other facilities for social purposes, as well as the needs of the residents of the area for religious, cultural, health and sports.
(4) those who wholly or partially serve its residents care include residential buildings permitted by paragraph 2 as well as the sections 2, 4 to 7.

§ 4 General residential (1) General residential areas are mostly residential.
(2) 3 plants for religious, cultural, social, health and sporting purposes are allowed 1 residential buildings, 2 that the supply of the area serving shops, liquor - and fact and not disturbing craft,
(3) as an exception may be admitted 1 holdings of the lodging industry, 2. other non-disruptive businesses, 3. equipment for administrations, 4. horticultural establishments, 5 gas stations.

§ 4a areas to the conservation and development of residential use (special residential areas) (1) special residential areas are predominantly built-up areas, which have a particular nature exercised residential use and other existing paragraph 2 of called plants and where, taking into account this peculiarity the residential use get and should be developed. Special residential areas mainly serve the living; they serve also the accommodation of businesses and other assets within the meaning of paragraphs 2 and 3, as far as these establishments and equipment are compatible according to the special character of the area with residential use.
(2) social, health and sporting purposes are 1 residential buildings, 2 shops, farms of the lodging industry, liquor - and fact, 3. other commercial enterprises, 4 business and office building, 5 facilities for religious, cultural, allowed.
(3) as an exception may be admitted 1 equipment for central facilities of management, 2. places of entertainment, 3 gas stations as far as they are not generally allowed because its purpose or its scope only in core areas.
(4) special residential areas or parts of such areas may, where special urban development reasons (§ 9 para 3 of the Federal building code), this subject to be, that 1.
above a floor in the building plan only flats are allowed, or 2. in buildings is to use a portion of the allowable floor area certain in the zoning or a certain size of floor space for flats.

§ 5 village areas (1) village areas serve the placing of economic bodies of in agriculture and forestry, living and storing not significantly disruptive businesses, as well as craft enterprises serving the supply of the residents of the area. On the issues of agricultural and forestry holdings including its development opportunities is primarily to take into account.
(2) permissible economic bodies of in agriculture and forestry and the corresponding apartments and residential buildings, 2 small settlements including residential buildings with appropriate utility gardens and agricultural sideline points, 3 other residential buildings, 4 companies for the handling and processing and collection of agricultural and forestry products, are 1 5 retail businesses, liquor - and fact and accommodation sector, 6 other businesses, 7 systems for local authorities and for ecclesiastical, cultural , social, health, and sports purposes, horticulture, 8, 9 filling stations.
(3) exceptionally, places of entertainment in the sense of § 4a para 3 No. 2 may be admitted.

§ 6 mixed areas (1) mixed-use areas serve the residential and lodging businesses that does not significantly disturb the living.
(2) 5. equipment for administrations and for religious, cultural, social, health and sporting purposes, 6 horticulture, 7 gas stations, 8 are characterized by commercial uses places of entertainment in the sense of § 4a para 3 No. 2 in parts of the area, who mostly are allowed, 1 residential 2. business and office building, 3. retail establishments, liquor - and fact and accommodation sector, 4. other commercial enterprises.
(3) exceptionally can places of entertainment in the meaning of § 4a para 3 No. 2 outside the paragraph 2 No. 8 referred to parts of the area are admitted.

§ 7 core areas (1) core areas serve mainly the accommodation of commercial establishments, as well as the central institutions of the economy, administration and culture.
(2) 1 business, Office and administrative buildings, businesses not significantly disruptive 2. retail businesses, liquor - and fact, accommodation sector and places of entertainment, 3. other, 4. installations for religious, cultural, social, are allowed health and sporting purposes, 5 stations in connection with car parks and large car Parcs, 6 apartments for supervisory and willingness people, as well as other business owners and managers, 7 apartments according to the determinations of the development plan.
(3) exceptionally can be left to 1 gas stations, are not covered by paragraph 2, no. 5 2 apartments, no. 6 and 7 fall not under paragraph 2.
(4) parts of a core area can be 1 above a floor in the building plan only flats are allowed, or 2. in buildings is to use a portion of the allowable floor area certain in the zoning or a certain size of floor space for flats priced, where special urban development reasons (§ 9 para 3 of the Federal building code), this.
This also applies if such determinations this part of the core area mainly the accommodation of commercial establishments, as well as the central institutions of the economy, administration and culture serves.

§ 8 industrial estates (1) industrial areas serve mainly storing not significantly harassing small businesses.
(2) 1 are allowed businesses of all kinds, warehouses, storage bins and public enterprises, 2 business, Office and administrative building, 3 gas stations, 4. installations for sporting purposes.
(3) exceptionally approved can be 1 apartments for supervisory and people of readiness for as well as business owners and managers, which assigned to the business and to subordinate him in area and dimensions are, 2. equipment for religious, cultural, social and health purposes, 3. places of entertainment.

§ 9 industrial areas (1) industrial areas designed solely for the accommodation of business entities, and mainly such establishments that are not valid in other areas of the building.
(2) 1 are allowed businesses of all kinds, warehouses, storage bins and public enterprises, 2 petrol stations.
(3) exceptionally approved can be 1 apartments for supervisory and people of readiness for as well as business owners and managers, which assigned to the business and to subordinate him in area and dimensions are, 2. equipment for religious, cultural, social, health and sporting purposes.

Section 10 special areas, recreation (1) as are special areas that serve the rest, come in particular in considering the cottage areas, cottage areas, campsite areas.
(2) for special areas, which serve the rest, are to represent the purpose and the type of use and set. In the development plan, it can be set that specific, corresponding to the character of the area and facilities for the supply of the region and for sporting purposes are generally allowed or may be admitted as an exception.
(3) in cottage areas, summer cottages as cottages are allowed. In the development plan, it can be set that cottages only as House groups are allowed or may exceptionally be admitted as House groups. The permissible area of the cottages in the zoning, limited to the special character of the area, to establish, taking into account the landscape conditions.
(4) in cottage areas, holiday homes which are suitable and intended due to their location, size, equipment, development and supply for the holiday, mostly and in the long term to serve a changing group of people the rest are allowed. The base area of the holiday homes, may be fixed in the zoning limited according to the specific nature of the area, taking into account the landscape conditions.
(5) in campsite areas, campgrounds and tent sites are allowed.

§ 11 other special areas (1) as are other special areas to represent such areas and to assess, which differ significantly from the construction areas according to the paragraphs 2 to 10.
(2) for other special areas are to represent the purpose and the type of use and set. As other areas of special areas for tourism, like treatment areas and areas for the foreigners lodging, loading areas, areas for shopping malls and large trading companies, come serve areas for fairs, exhibitions and congresses, College areas, clinic areas, port areas, areas for systems in the exploration, development or use of renewable energy, such as wind and solar energy, in particular into account.
(3) 1 shopping centers, 2 large retail operations, which may not only marginally affect by type, location or scope on the achievement of the objectives of spatial planning and land use planning or on the urban development and planning, 3. other large commercial establishments which are comparable in terms of the sale to final consumers and the impact the retail establishments referred to in paragraph 2 are permitted except in core areas, only in special areas set for them. Effects within the meaning of the sentence 1 Nos. 2 and 3 are particularly harmful environmental impacts in the meaning of § 3 of the Federal Immission Control Act, as well as effects on the infrastructural facilities, transport, on the supply of the population in the catchment area of holdings referred to in sentence 1, on the development of central supply areas in the municipality or in other communities, on the local and landscape and on the natural environment. Effects within the meaning of sentence 2 are companies to set typically to assume 1 No. 2 and 3 If the floor area exceeds 1,200 square metres. The rule of sentence 3 shall not apply if evidence that effects are already at less than 1,200 square metres of floor space or are not available at more than 1,200 square meters of floor space; in particular the structure and size of the municipality and its local parts are in relation to the effects referred to in sentence 2 consider improving consumer security of the population and the range of operation.

§ 12 parking spaces and garages (1) parking and garages are allowed in all construction areas, unless otherwise stated in the paragraphs 2 to 6.
(2) in small settlements, pure residential areas and General residential areas and special areas, which serve the rest, parking spaces and garages for the demand caused by the approved use only are allowed.
(3) 1. parking and garages for heavy goods vehicles and buses, as well as for followers of this motor vehicles in pure residential areas, 2 parking spaces and garages for motor vehicles with a weight of over 3.5 tonnes and trailers of this motor vehicles in small settlements and General residential areas are prohibited.
(4) in the development plan can be set, where special urban development reasons (§ 9 para 3 of the Federal building code), this, that only spaces or garages and associated ancillary facilities (garage floors) are allowed on certain floors. A setting can be made pursuant to sentence 1 also for floors below the ground surface. Determinations pursuant to sentences 1 and 2 parking spaces and garages on the grounds only in the fixed floors are allowed, unless the development plan states otherwise.
(5) in the development plan can be set where special urban development reasons (§ 9 para 3 of the Federal building code), this, that only parking spaces and garages are allowed in parts of missiles. Paragraph 4 sentence 2 and 3 shall apply mutatis mutandis.
(6) in the zoning, you can set that in construction areas, or certain parts of construction areas parking spaces and garages are not permitted or permitted only to a limited extent, as far as not conflict with national provisions.
(7) the national rules on the detachment of the commitment to the production of spaces and garages as well as the obligation for the production of spaces and garages outside the areas set out in the development plan remain unaffected when determinations to the paragraphs 4 to 6.

§ 13 buildings and premises for liberal professions for the profession of freelance and such trader who practise their profession in a similar way, in construction areas are according to the paragraphs 2 to 4 rooms, in construction areas according to the sections 4a to 9 also building allowed.

§ 14 auxiliary equipment; Equipment for the use of solar radiation energy and power heat power plants (1) except for annexes referred to in the paragraphs 2 to 13 are also subordinate auxiliary equipment and facilities permitted, which serve the purpose of use of the land in the area of construction or the construction area itself and which do not contradict its character. As far as not already in the construction areas under this regulation devices and equipment for animal husbandry, including the small captive breeding, are allowed, including those for the small animal husbandry include child auxiliary equipment and facilities within the meaning of sentence 1. The admissibility of auxiliary equipment and facilities may be limited or excluded in the development plan.
(2) the systems serving the supply of land with electricity, gas, heat and water, as well as for the conduction of waste water can be admitted in the construction areas as an exception even if no special areas are set for it in the development plan. This applies also for 2000W auxiliary equipment as well as equipment for renewable energy if not paragraph 1 1 application shall set.
(3) to the extent structurally subordinate units to the use of solar radiation energy within are not already allowed in, on, or on roof and exterior wall surfaces or cogeneration plants of buildings according to the paragraphs 2 to 13, they also apply as investments within the meaning of paragraph 1 sentence 1, if the energy produced entirely or predominantly is fed into the public grid.

Article 15 General requirements for the admissibility of structural and other equipment (1) the construction listed in paragraphs 2 to 14 and other plants are not permitted in individual cases, if they contradict the nature of the construction area according to number, location, size, intended use. They are also not permitted if harassment or interference can go out of them, which are unreasonable according to the nature of the construction area in the construction area itself or its surroundings, or if they are exposed to such harassment or interference.
(2) the application of paragraph 1 shall be effected according to the urban development objectives and principles of article 1 par. 5 of the building code.
(3) the admissibility of the facilities in the construction areas is not alone to judge the procedural classifications of the Federal Immission Control Act and the regulations issued on its basis.
Second section dimension of structural use of section 16 is determination of the degree of structural use (1) in the land-use plan represented the General degree of structural use, is sufficient providing the floor space index, building mass, or the height of physical structures.
(2) in the land-use plan the degree of structural use can be determined by setting 1 the base number or the size of the basic areas of structures, 2nd floor space index or the size of the floor space, building mass or dimensions, 3. the number of full storeys, 4. the height of physical structures.
(3) in the case of fixing of the dimension of the structural use in the zoning to set 1 is always the number of the base or the size of the basic areas of structures, 2. the number of full storeys or height of physical structures, if without their setting affects public interests, in particular the local and landscape, can be.
(4) in the case of fixing of the maximum floor space index or the size of the floor space for the number of full storeys and the height of physical structures in the zoning, you can set a minimum at the same time. The number of full storeys and the height of physical structures can be set as mandatory.
(5) in the zoning, you can set the degree of structural use for parts of the construction area, individual plots or plot parts and parts works differently; the determinations can be made above and below the ground surface.
(6) in the land-use plan, certain exceptions can be provided from the established level of the structural use according to kind and extent.

§ 17 upper limits for the determination of the degree of structural use (1) in the determination of the dimension of the structural use according to § 16 may, even if a floor space index or a building mass number is not shown or set, do not exceed the following upper limits: 1 2 3 4 construction area footprint number (GRZ) floor space index (GFZ) building mass (BMZ) in small settlements (WS) 0.2 0.4 - in pure residential areas (WR) General. Residential areas (WA) holiday house areas 0.4 1.2 - in particular residential areas (WB) 0.6 1.6 - in rural areas (MD) mixing areas (MI) 0.6 1.2 - in core areas (MK) 1.0 3.0 - in a commercial environment (GE) industry areas (GI) other special areas 0.8 2.4 10.0 in cottage areas 0.2 0.2 - (2) the limits of paragraph 1 can be exceeded for urban development reasons, if the exceeding is balanced by circumstances or is compensated for by measures , is ensured by the General requirements for healthy living and working conditions are not affected, and adverse effects on the environment are avoided. This does not apply for summer residence areas and cottage areas.
(3) (lapsed) § 18 height of physical structures (1) in fixing the amount of structural systems the required reference points are to be determined.
(2) the height of physical structures as mandatory is set (§ 16 para 4 sentence 2), minor deviations may be admitted.

§ 19 floorspace index, allowable floor area (1) the base number indicates how many square meters floor area per square metre plot in the sense of paragraph 3 are allowed.
(2) permissible floor space is calculated in accordance with paragraph 1, the proportion of construction land, which may be covered by buildings.
(3) for the determination of the allowable floor area, the area of the building plot depends which is located in the land and behind the street boundary line established in the development plan. The area of the construction site governed by that lies behind the actual road border or that is set forth in the development plan as decisive for the determination of the allowable floor area is a street boundary line is not fixed.
(4) in determining the base the base areas by 1 garages and parking spaces are 2. auxiliary equipment in accordance with § 14 with their driveways, with 3 structures below the surface of the terrain through which the plot is based only. The allowable floor area must be, exceeded by the base areas of the facilities referred to in sentence 1 up to 50 per cent but not more than up to a number of areas of 0.8; more overruns in minor scale can be admitted. In the development plan, 2 different provisions may be taken from set. As far as the development plan shall determine otherwise, the ground or 2. can individual adherence is to be seen from 2 resulting limits from set 1 for excess with minor impacts on the natural features if compliance with the limits would lead to a substantial aggravation of adequate land use.

Article 20 storeys, floor space index, floor area (1) full storeys are bullets, which are under national provisions full storeys or be counted towards their number.
(2) the floor space index indicates how many square meters floor area per square metre plot in the meaning of § 19 para 3 are allowed.
(3) the floor area shall be determined according to the dimensions of the buildings in all full floors. In the zoning, you can set the surfaces of lounges in other missiles including the staircases belonging to them and their surrounding walls are wholly or partly counting or not counting as an exception.
(4) in determining the floor area ancillary plants within the meaning of § 14, balconies, Loggias, terraces and structural systems are not considered, as far as they are allowed to land right in the distance areas (border clearance and other clearance areas) or may be admitted.

§ 21 building mass, dimensions (1) the building mass number specifies how many cubic meters are allowed mass per square metre plot in the sense of article 19, paragraph 3.
(2) the dimensions is to determine the dimensions of buildings from the floor of the lowest full storey to the ceiling of the top floor of the full. The dimensions of rooms on other floors including the staircases belonging to them and their surrounding walls and ceilings are counting. Structures in which a calculation of the dimensions is not possible pursuant to sentence 1 is to determine the actual dimensions.
(3) building systems and building parts within the meaning of § 20 para 4 shall be disregarded when determining the dimensions.
(4) the height of physical structures or the building mass is in the development plan does not set may at buildings, height have the floors more than 3.50 m, a building mass, which is the Dreieinhalbfache of the permitted floor space index, are not exceeded.

§ 21a plots, garages and community facilities are (1) garage floors or their dimensions in otherwise different buildings on the number of allowable full storeys or the permissible dimensions not be charged if the zoning sets this or provides for an exception.
(2) land shares are of the land area in the sense of § 19 para 3 outside of the plot be added to no. 22 of the building code established community facilities within the meaning of § 9 para 1, if the zoning sets this or provides for an exception.
(3) as far as article 19, paragraph 4 does not preclude, exceeding the allowable floor space covered parking and garages is up to 0.1 of the area of the building plot allowed; a further transgression can be admitted exceptionally 1 in core areas, commercial districts and industrial areas, 2. in other areas of the building, as far as such facilities are set according to § 9 para 1 No. 4 of the building code in the zoning.
(4) in determining the floor area or the dimensions of the areas or dimensions of 1 garage floors, not attributed to pursuant to paragraph 1, 2 parking spaces and garages and bases exceed the allowable floor area under the conditions of paragraph 3, envisages 3. parking and garages in full floors, if the zoning sets this or as an exception shall be disregarded.
(5) the allowable floor area or the permissible dimensions is to increase the areas or dimensions of necessary garages, which are produced under the ground, insofar as the development plan sets this or provides for an exception.
Third section construction, permissible plot section 22 (1) construction In the building plan can the construction as open or closed construction are set.
(2) in the open construction, the buildings with partial border distance as cottages, semi-detached houses or House groups be built. The length of the House forms referred to in sentence 1 must not exceed a maximum 50 m. In the zoning area can be set which only cottages, only semi-detached houses, only House groups or just two of these House types are allowed.
(3) in the closed construction built the building without lateral border distance, except that the existing buildings requires a deviation.
(4) in the zoning, you can set a different paragraph 1 construction. This may be fixed also, how close are built at the front, rear and side boundaries may or must.

Article 23 permissible plot (1) the überbaubaren land can be determined by the fixing of building lines, construction boundaries or building depth. § 16 par. 5 shall apply accordingly.
(2) a construction line is fixed, so must be built on this line. A pre-or withdrawing from parts of the building on a small scale can be admitted. More exceptions certain type and size can be provided in the development plan.
(3) a building limit is set, so buildings and parts of buildings shall not exceed them. An appearance of building parts in minor scale can be admitted. Paragraph 2 sentence 3 shall apply accordingly.
(4) If a construction depth is set, paragraph 3 shall apply accordingly. The depth of buildings is to determine, unless otherwise set forth in the development plan of the actual road border off.
(5) if nothing is fixed in the development plan, auxiliary equipment may be admitted on the not überbaubaren land within the meaning of § 14. The same applies to structural systems, if they are allowed to land rights in the spacing area or may be admitted.
Fourth section § 24 (dropped out) fifth section Überleitungs-and final provisions § 25 continuation forwarded a procedure *) for plans, which list or change is underway, are the corresponding to this regulation existing regulations continue to apply if the plans for the entry into force of this regulation designed already.

§ 25a management rules on the occasion of the second amending Regulation (1) for plans, which list or change is underway, this applies in their until the entry into force of the second Ordinance amending this regulation by September 15, 1977 (Federal Law Gazette I p. 1757) amended, if the plans for entry into force of the second amending Regulation are designed according to § 2a para 6 of the Federal Building Act or § 2 para 6 of the Federal Building Act in force until January 1, 1977 amended.
(2) the validity of the rules of the second amending Regulation of separate determinations for superimposed floors and levels, as well as other parts of physical structures such development plans are excluded from, the § 9 para 3 of the Federal Building Act in force from January 1, 1977 in accordance with article 3 § 1 section 3 of the Act to amend the Federal Building Act of 18 August 1976 (Federal Law Gazette I p. 2221) does not apply. The provisions of this regulation on separate determinations for superimposed levels and layers, and other parts of physical structures in the version in force until the entry into force of the second amending Regulation continues to do apply to these development plans.

section 25 is b reconciliation requirement on the occasion of the third amending Regulation (1) the draft of development plan prior to the entry into force of the third amending Regulation according to § 2a para 6 of the Federal Building Act has been, publicly designed to apply section 11 subsection 3 sentence 3 in the version applicable up to the entry into force of the third amending Regulation to him. The right of the community, again to initiate the process for establishing the development plan shall remain unaffected.
(2) on development plans, to which applies Article 11 par. 3 amended the notice from September 15, 1977, is to apply article 11 (3) sentence 4 according to.

§ Is the design of a building plan before January 27, 1990 according to § 3 par. 2 of the building code is publicly been designed 25 c transfer provision on the occasion of the fourth amending Regulation to apply this regulation in the version applicable up to 26 January 1990 to him. The municipality, right again to initiate the procedure for the setting up of the construction plan, remains unaffected.

§ 25 d reconciliation requirement on the occasion of the law to strengthen the internal development in the cities and towns and further development of city construction law is the design of a building plan been laid out publicly before September 20, 2013, according to article 3 paragraph 2 of the Federal building code, is on him to apply this regulation in the version applicable up to September 20, 2013. The municipality, right again to initiate the procedure for the setting up of the construction plan, remains unaffected.

Section 26 Berlin clause this Regulation shall apply to § 14 of the third of transfer Act in connection with § 247 of the building code also in the Federal State of Berlin.

Article 26a transition arrangements on the occasion of the unification of Germany as far as this regulation referenced regulations, do not apply in the area referred to in article 3 of the Unification Treaty, the corresponding provisions of the German Democratic Republic shall apply. Such rules do not exist, or would be contrary to the sense of the reference their application, the regulations will be referred to shall apply mutatis mutandis.

§ 27 (entry into force)