The German Bundestag has passed important amendments to the Federal Building Code (BauGB) that will make a significant contribution to legal clarity when drawing up development plans in outdoor areas. The focus is on the introduction of Section 215a of the Building Code (BauGB), a "repair provision" that replaces the previous Section 13b BauGB. This step follows a ruling by the Federal Administrative Court, which declared Section 13b to be unlawful. This decision had led to uncertainty in many municipalities, particularly with regard to ongoing and incorrect planning procedures.
With the new provision of Section 215a BauGB, municipalities must now carry out a preliminary environmental assessment. This preliminary assessment serves to identify possible significant environmental impacts. A full environmental assessment is only required if such indications exist. The other simplifications of the simplified procedure, such as the waiver of early public participation, remain in place. The aim of this new regulation is to keep the additional workload for affected municipalities as low as possible while taking European legal requirements into account.
The amendment to the law is expected to come into force on January 1, 2024, but municipalities can already orient themselves to the new regulations in advance. Section 215a BauGB replaces the previous Section 13b BauGB, which will be repealed for clarification purposes due to the decision of the Federal Administrative Court and an agreement in the coalition agreement for the 20th legislative period. This amendment represents an important step towards simplification and legal clarity in the area of development plans in outdoor areas.
Source and further information: bmwsb.bund.de
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