Public building law concerns the regulations on the permissibility and limits, order and promotion of the use of land and property by building structures. Here, the term is primarily understood with regard to the construction, intended use, substantial alteration and removal (construction planning law and building regulations law) of buildings. As Lawyers for Public Construction Law we are glad to advise you in any questions you have.
Building planning law defines the task of urban land use planning to prepare and direct the structural and other use of land in the municipality in accordance with the Building Code (§ 1 para. 1 BauGB). Urban land-use plans are the land-use plan (preparatory urban land-use plan) and the development plan (binding urban land-use plan, § 1 para. 2 BauGB).
The municipalities are required to draw up urban land-use plans as soon as it is necessary for urban development and planning. There is no entitlement to the preparation of urban land-use plans and urban development statutes. Nor can an entitlement be established by contract (section 1(3) BauGB). The urban land-use plans shall be adapted to the objectives of spatial planning (§ 1 para. 4 BauGB). The urban land-use plans shall ensure sustainable urban development, reconciling social, economic and environmental requirements, also in responsibility towards future generations, and socially equitable land use serving the public good, taking into account the housing needs of the population. Urban land use planning should contribute to ensuring a humane environment, to protecting and developing the natural foundations of life and to promoting climate protection and climate adaptation, especially in urban development, as well as to preserving and developing urban design and the local and landscape image in terms of building culture (§ 1 para. 5 BauGB).
We advise you on all questions concerning urban land use planning, but also on the preparation of contractual documents for urban land use planning as well as the consideration of aspects to be taken into account for urban land use planning.
Building regulation law concerns the prevention of all hazards associated with the construction or use of the existing structure of a building project that has already been constructed. The prevention of danger is the responsibility of the federal states. As a result, there are considerable differences between the individual federal states. The model building code, which was adopted by the Conference of Building Ministers but is not a binding law in itself, serves as an orientation framework. Thus, the respective building regulations apply to structural installations and building products (such as building materials, components, etc., § 1 para. 1 sentence 1 BauO NRW).
We support you in taking measures under building regulations law by the competent authorities, in defending against such measures and, if necessary, in the judicial review of such measures at the appropriate administrative courts.
Formal building regulation law includes the powers of the building administration such as building permits. In principle, buildings are subject to approval. However, there are exceptions to this. In addition, there are accelerations through simplified approval procedures (§ 68 BauO NRW), approval exemption procedures (notification procedures) according to § 67 BauO NRW as well as simple building permit procedures according to § 69 ff. BauO NRW.
Furthermore, other approvals such as the preliminary building permit (§ 71 BauO NRW), the partial building permit (§ 76 BauO NRW), type approval (§ 78 BauO NRW) also fall under the formal building regulations.
Building projects can therefore be permitted in the planned area (§ 29 ff. BauGB), in the unplanned inner area (§ 34 BauGB) and in the outer area, § 35 BauGB.
However, the building administration can also intervene in a repressive manner by issuing a Constrction Suspension, a Construction Clearance or an Interdiction of Use.
Whether attorney, arbitrator, experts in construction, banking or corporate law: JASPER attorneys provide highly specialized legal advice. We look forward to your call under +49(0)211 492590 or by mail to mail@jasper-law.com.
