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Building law; enactment of local building regulations

By means of local building regulations, the municipality or city can regulate the design of buildings (e.g. roof shape, materials, etc.), advertising structures and properties (e.g. enclosures, greenery, etc.) in particular.

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Procedure details

The municipalities can issue local building regulations by means of bylaws within their own sphere of influence

  1. on special requirements for the external design of buildings for the preservation and design of the townscape, in particular for the greening of buildings,
  2. on the prohibition of the erection of advertising structures for reasons of local design,
  3. on the location, size, quality, equipment and maintenance of playgrounds, the type of fulfillment and the redemption of the obligation,
  4. on the number, size and nature of parking spaces for motor vehicles and parking spaces for bicycles, including the provision of electric charging stations, the additional requirements in the event of changes and changes of use of the facilities, the consideration of local traffic infrastructure as well as the redemption of the production obligation and the amount of the redemption amounts, which can be regulated differently depending on the type of use and location of the facility,
  5. on the design of the spaces for mobile waste containers, the design and planting of the undeveloped areas of the developed properties and on the necessity, type, design and height of enclosures; it may be stipulated that front gardens may not be used as work areas or storage areas,
  6. on dimensions of the depth of the clearance area that deviate from Art. 6,
    a) an increase to up to 1.0 H, at least 3 m, in particular if this is intended to preserve the townscape in the municipal area or in parts of the municipal area or serves to improve or maintain the quality of living,
    b) a reduction to up to 0.4 H, at least 3 m, in municipalities with more than 250,000 inhabitants, if sufficient lighting and ventilation as well as fire protection are ensured,
  7. in areas where it is important or necessary for the streetscape and townscape or for noise protection or air pollution control, that trees may not be removed or damaged on the areas of the built-up plots that cannot be built over and that the areas may not be built over.

Local building regulations can also be issued by means of a development plan or, insofar as the Building Code provides for this, by other statutes in accordance with the provisions of the Building Code (Art. 81 Para. 2 Sentence 1 BayBO).

Violation of a local building regulation may constitute an administrative offense punishable by a fine of up to €500,000 (Art. 79 Para. 1 Sentence 1 No. 1, Para. 2 BayBO).

Status: 24.09.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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