Bebauungsplan - Auskunft

Federal construction planning law regulates the use of land according to urban planning aspects. It is therefore also called urban planning law. The central element of construction planning law is urban land use planning. It takes place in two stages:

1. The land use plan covers the entire area of a municipality. The land use plan contains the urban development uses intended by the planning municipality and differentiated for the individual areas (e.g. residential building areas, commercial building areas, traffic areas, green areas, forest areas, agricultural areas). The land use plan does not develop any direct legal effects vis-à-vis the citizens. No legal claims can be derived from its graphic and textual representations, in particular, for example, the right to a building permit for a specific property or claims for compensation. However, the land use plan represents planning for the administration and other authorities, to which they must adapt their planning. The representations of the land use plan are the basis for the preparation of development plans.
2. A municipality establishes the development plan as a statute (local law). With the zoning plan, the municipality defines the boundaries of the spatial area of application and which uses are permissible on a certain area of the municipality. In addition, the type and extent of building use are determined. The legally binding determinations are to be observed by all citizens.

The public is to be informed as early as possible about the general objectives and purposes of the planning, substantially differing solutions for the redesign or development of an area and the probable effects of the planning; they are to be given the opportunity to comment and discuss the matter.

Furthermore, citizens may inspect the development plan documents and submit comments during the 1-month public display period. During this time, suggestions from citizens are accepted and information is provided. After the publication of the development plan, citizens can obtain information on the planning at any time from the municipality.

Urban land-use plans in Mecklenburg-Western Pomerania:

The following link to the M-V building and planning portal provides access to urban land-use plans of the municipalities in Mecklenburg-Vorpommern. These include development plans, land use plans and other statutes. The database is still under construction and is collected by the responsible municipalities.

Development plan and explanatory statement with information according to § 2a BauGB (environmental report).
The citizen does not need any documents.

The procedure specified by the legislator must be followed (see procedure flow).

There is no cost to the citizen.

The two information options can be seen from the following procedural sequence (3rd and 9th procedural step):
1. resolution on the preparation of the amendment (or supplement) to the
development plan
2. development of the plan concept
3. early participation of the authorities and other public agencies
4. early public participation
5. revision of the plan concept
6. formal participation of the authorities and other public agencies
7. revision of the plan concept
8. resolution on drafting and display of plan
9. public display
10. examination of comments
11. consideration, resolution on statutes
12. announcement

depending on the complexity of the request for information

The date of the early public participation and the one-month public display of the development plan documents, which can be seen from the customary local announcement, must be observed.

Building Planning Law

There are a number of things to consider when planning a building project.

• First of all, take a look at the land use plan, the development plan and the real estate cadastre;
• To find out whether the municipality has a zoning plan or whether the building plot in question is located within a development plan area, contact the respective municipality/city or the responsible local authority. The plans can be inspected here.

In the land use plan , the municipality outlines the intended urban development. The land use plan shows, for example, where residential, commercial, industrial, green or traffic areas are planned in the municipality. The associated explanatory memorandum explains the plan statements.

The development plan provides information on the way in which a plot of land may be built on - for example, stipulations on the type and extent of building use, the number of stories and the permissible roof shape. It should be noted that there is not a development plan for every building area.
If the building project is located within a district and the municipality has not drawn up a development plan, the building project must fit into the character of the development in the immediate vicinity. If a plot of land is located in an outer area, development is generally out of the question.
In the real estate cadastre, with its components of the Automated Real Estate Map (ALK) and the Automated Real Estate Book (ALB), all parcels and buildings are recorded for the entire state.
From the ALK, the graphic part, information about the surrounding situation of the building plot of interest can be taken. From the ALB, the descriptive textual part, parcel-related information can be obtained, among other things, on the area size, actual use, location designation (e.g. street, house number), but also references to public-legal determinations (e.g. nature reserve) or to public-legal procedures (e.g. land readjustment). Since the parcel is part of a piece of land, this information and other data from the ALB (e.g. inventory data for land register management) are important statements for construction planning.
Furthermore, in the context of construction planning, the development, water and sewage disposal as well as waste disposal are of importance. Inspection, information and excerpts from the real estate cadastre are available from the district administrator/mayor as the surveying and cadastral authority.

During the procedure for the development plan, citizens have two opportunities to obtain information and information on the provisions of the development plan: at the time of early public participation in the draft plan and during the one-month public display of the development plan documents, during which they can also submit comments. After the announcement of the development plan, citizens can obtain information on the planning at any time from the municipality.

Municipality, or the office responsible for the municipality.

Municipality, or the office responsible for the municipality.

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